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West Dunbartonshire Council · 3 August 2022
Back to Planning Committee — 3 August 2022 and its agenda

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Agenda
Planning Committee
Date:  Wednesday, 3 August 2022
___________________________________________________________________
Time:  10.00 a.m.
___________________________________________________________________
Venue:  Council Chamber, 
Clydebank Town Hall, Dumbarton Road, Clydebank
___________________________________________________________________
Contact:   Gabriella Gonda, Committee Officer
Email: Gabriella.Gonda@west-dunbarton.gov.uk
Dear Member
Please attend a meeting of the Planning Committee as detailed above.
The business is shown on the attached agenda.
Yours faithfully
PETER HESSETT
Chief Executive
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Karen Conaghan
Councillor Ian Dickson
Councillor Diane Docherty
Councillor Daniel Lennie
Provost Douglas McAllister
Councillor June McKay
Councillor Chris Pollock
Councillor Hazel Sorrell
All other Councillors for information
Date of Issue: 21 July 2022
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PLANNING COMMITTEE
WEDNESDAY, 3 AUGUST 2022
AGENDA
1 APOLOGIES
2 DECLARATIONS OF INTEREST
Members are invited to declare if they have any interests in the items of
business on this agenda and the reasons for such declarations.
3 MINUTES OF PREVIOUS MEETING 5 - 23
Submit for approval as a correct record, the Minutes of Meeting of the
Planning Committee held on 8 June 2022.
4 NOTE OF VISITATION 25
5
6
Submit, for information, Note of Visitation carried out on 6 June 2022.
OPEN FORUM
The Committee is asked to note that no open forum questions have been
submitted by members of the public.
PLANNING APPLICATION
Submit report by the Planning, Building Standards and Environmental Health
Manager – in respect of the following planning applications:-
(a) DC22/058/FUL - Part use of restaurant car park for hand car-wash facility!
with associated works inclusive of office and canopy  27 – 33
(b) DC22/096/FUL - Change of use to allow fitting of tyres to motor vehicles!
together with associated works (retrospective)    35 - 42
(c) DC21/039/FUL - Extension to existing shop unit for use as a hot food
takeaway  43 - 52
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7 PERMITTED DEVELOPMENT RIGHTS CONSULTATION 53 - 69
Submit report by the Planning, Building Standards and Environmental Health
Manager, seeking agreement to submit a response to Scottish Government
consultation on the review of permitted development rights.
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PLANNING COMMITTEE
At a Hybrid Meeting of the Planning Committee held in the Civic Space, 16 Church
Street, Dumbarton on Wednesday, 8 June 2022 at 10.22 a.m.
Present: Councillors Karen Conaghan, Ian Dickson, Diane Docherty,
Gurpreet Johal, Daniel Lennie, June McKay, Lawrence O’Neill,
Chris Pollock and Hazel Sorrell.
Attending: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager; Alan Williamson, Team Leader,
Development Planning and Place; Gillian Neil, Biodiversity
Officer; Nigel Ettles, Section Head – Litigation (Legal Officer);
Ashley McIntyre and Nicola Moorcroft, Committee Officers.
Apologies: An apology for absence was intimated on behalf of Provost
Douglas McAllister.
Councillor Lawrence O’Neill in the Chair
DECLARATIONS OF INTEREST
Councillor Lawrence O’Neill declared a personal interest in Item 5c (DC22/052/FUL
– Installation of decking (Retrospective)), stating that family members had previously
owned this property, was not involved in the sale of the property and it was his
intention to remain in the meeting during consideration of this item.
RECORDING OF VOTES
The Committee agreed that all votes taken during the meeting would be done by roll
call vote to ensure an accurate record.
OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
PLANNING APPLICATIONS
Reports were submitted by the Chief Officer – Regulatory and Regeneration in
respect of the following planning applications:-
ITEM 3
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DC21/178/ADV – Range of advertisements include fascia signs and
freestanding 8m high double sided pole sign (associated with proposed coffee
shop and drive-thru facility subject to application DC21/176/FUL) at Morrison’s
Supermarket 36 Glasgow Road, Dumbarton, G82 1QZ by Trilogy (Leamington
Spa) Ltd. 
Reference was made to a site visit that had been undertaken in respect of the above
application.  The Planning, Building Standards and Environmental Health Manager
was heard in further explanation of the report and in answer to Members’ questions. 
The Chair invited Mr Mike Powell, on behalf of the applicant, to address the
Committee.  Mr Powell was heard in respect of the application and in answer to
Members’ questions. 
After discussion having heard the Planning, Building Standards and Environmental
Health Manager in further explanation, and in answer to Members’ questions, the
Committee agreed:- 
-  to grant advertisement consent subject to the condition set out in Section 9 of
the report, as detailed within Appendix 1 hereto. 
DC21/217/FUL – Development of a Plastics to Hydrogen Facility, Hydrogen
Vehicle Refuelling Station and Associated Infrastructure and Landscaping at
Vacant Land At Rothesay Dock, Cart Street, Clydebank by AXIS PED. 
The Planning, Building Standards and Environmental Health Manager was heard in
further explanation of the report and in answer to Members’ questions. 
The Chair invited Donald Anderson, Richard Barker and Laura Mackey, on behalf of
the applicant, to address the Committee.  Mr Anderson, Mr Barker and Ms Mackey
were heard in respect of the application and in answer to Members’ questions. 
After discussion having heard the Planning, Building Standards and Environmental
Health Manager in further explanation, and in answer to Members’ questions, the
Committee agreed:- 
1) to grant full planning permission subject to the conditions set out in Section 9
of the report, as detailed within Appendix 2 hereto; 
2) that a detailed phasing programme be submitted to the Planning Authority 
prior to commencement of the development on site ; and; 
3) that any flaring is completed during the hours of darkness, at times agreed,  in
consultation with West Dunbartonshire Council Environmental Health and
Glasgow Airport. 
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DC22/052/FUL – Installation of decking (Retrospective) at No. 144 Mirren Drive,
Duntocher, Clydebank, G81 6LD. 
Reference was made to a site visit that had been undertaken in respect of the above
application.  The Planning, Building Standards and Environmental Health Manager
was heard in further explanation of the report and in answer to Members’ questions. 
The Chair invited Laura McCormick, objector, to address the Committee. Ms
McCormick was heard in support of her objections and in answer to Members’
questions. 
The Chair then invited Christine Shields (applicant) to address the Committee. Ms
Shields was heard in support of the application and in answer to Members’
questions. 
After discussion having heard the Planning, Building Standards and Environmental
Health Manager in further explanation, and in answer to Members’ questions, the
Committee agreed:- 
-  to grant full planning permission. 
DC21/138/FUL – Residential development of 88 dwellings comprising of
cottage flats, bungalows and flats with vehicular access, associated car
parking and landscape works at land at the corner of Glasgow Road and Mill
Road, Clydebank by West Dunbartonshire Council. 
The Planning, Building Standards and Environmental Health Manager was heard in
further explanation of the report and in answer to Members’ questions.
and Matt McPhee (Anderson Bell and Christie, Architects) in answer to Members’
questions, the Committee agreed: 
1) to grant full planning permission subject to the conditions set out in Section 9
of the report, as detailed within Appendix 4 hereto: and additional condition 
2) notwithstanding the submitted details, the size, design and siting of
fibre/telecommunication cabinets and salt/grit bins shall be submitted to and
approved by the Planning Authority and shall be implemented within a
timescale agreed by the Planning Authority. 
FELLING OF TREES WITHIN BRUCEHILL CLIFFS TREE PRESERVATION
AREA 
. Reference was made to a site visit that had been undertaken in respect of the
above matter. The Development Planning and Place Team Leader was heard in
further explanation of the report regarding  tree felling within the Brucehill Cliffs Tree
Preservation Order area and seeking agreement of replanting/landscaping proposals
for the affected area.
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The Chair invited Lynsey Breen  in further explanation of the tree felling. Ms Breen
was then heard in answer to Members’ questions.
The Chair then invited Cathy Hunter (objector) to address the Committee. Ms
Hunter, was heard in support of her objections and in answer to Members’ questions.
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager and Development Planning and Place Team Leader
in further explanation, and in answer to Members’ questions, the Committee agreed:-
1) to note the replanting/landscaping proposals attached as Appendix 3 to the
report;
2) to agree the additional condition for planning application DC21/211 in
Appendix 2 to the report with an adjustment for phasing; and
that, in discussion with West Dunbartonshire Council and Miller Homes a heavy
standing tree is planted within the vicinity of the new properties and close to
boundary, to replace the felled mature sycamore.
APPEAL NOTICE OF INTENTION – DC02/447: EXTENSION TO QUARRY,
SHEEPHILL QUARRY, MILTON, DUMBARTON
A report was submitted by the Chief Officer – Regulatory and Regeneration,
providing an update regarding the appeal decision for the above application, and
further information relevant to the Review of Minerals Permission application
(ROMP) and the Scheduled Monuments Permission.
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager and the Legal Officer in further explanation, and in
answer to Members’ questions, the Committee agreed:-
- to note the intended outcome of the appeal and current situation regarding
the ROMP and Scheduled Monument Consent.
STREET NAME FOR NEW HOUSING DEVELOPMENT SITE AT FORMER
BOWLING GREEN JOHN KNOX STREET CLYDEBANK
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
approval to allocate one street name within the new housing development at former
Bowling Green, John Knox Street, Whitecrook, Clydebank
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager in further explanation, and in answer to Members’
questions, the Committee agreed:-
- that Pavillion Court be the street name allocated.
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DEVELOPER CONTRIBUTIONS 
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
agreement for a process to report and allocate developer contributions received
through the planning system. 
After  having heard t the Team Leader, Development Planning and Place in further
explanation,  the Committee agreed:- 
1) the proposed procedures for managing developer contributions as set out in
Appendix 1 of the report ; and 
2) the criteria for the allocation of developer contributions towards green network
and green infrastructure projects/enhancement as set out in Appendix 2 of the
report. 
FRONTIERS OF THE ROMAN EMPIRE (ANTONINE WALL) WORLD HERITAGE
SITE SUPPLEMENTARY GUIDANCE 
A report was submitted by the Chief Officer – Regulatory and Regeneration, seeking
approval to consult on the draft Supplementary Guidance (SG) relating to the
Frontiers of the Roman Empire (Antonine Wall) World Heritage Site. 
After d having heard the Planning, Building Standards and Environmental Health
Manager in further explanation, , the Committee agreed;- 
-  to approve the publication of the Draft Frontiers of the Roman Empire
(Antonine Wall) World Heritage Site Supplementary Guidance for 
consultation. 
The meeting closed at 1.05 p.m. 
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APPENDIX 1
DC21/178/ADV – Range of advertisements include fascia signs and
freestanding 8m high double sided pole sign (associated with proposed coffee
shop and drive-thru facility subject to application DC21/176/FUL) at Morrison’s
Supermarket 36 Glasgow Road, Dumbarton, G82 1QZ by Trilogy (Leamington
Spa) Ltd.
GRANT advertisement consent subject to the following conditions:-
1. The proposed banners framed advertisements – Item M, as presented in
drawing “Costa Coffee Drive Thru Dumbarton, Glasgow Road – Pack
Revision 3”, shall be removed from site within 6 months of the date of opening
of the associated drive-thru coffee shop premises.
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APPENDIX 2
DC21/217/FUL – Development of a Plastics to Hydrogen Facility, Hydrogen
Vehicle Refuelling Station and Associated Infrastructure and Landscaping at
Vacant Land At Rothesay Dock, Cart Street, Clydebank by AXIS PED.
GRANT full planning permission subject to the following conditions:-
1. Unless otherwise agreed in writing, no development shall commence on site
until such time as full details of the design and location of all walls and fences
to be erected on site have been submitted to and approved in writing by the
Planning Authority, and these shall thereafter be implemented as approved.
2. Unless otherwise agreed in writing, no development shall commence on site
until such time as exact details and specifications of all proposed external
materials have been submitted to and approved in writing by the Planning
Authority, and these materials shall thereafter be implemented as approved.
3. Unless otherwise agreed in writing, no development shall commence on site
until such time as full details of all hard surfaces have been submitted to and
approved in writing by the Planning Authority, and these shall thereafter be
implemented as approved.
4. Unless otherwise agreed in writing, no development shall commence on site
until such time as a landscaping scheme for the boundaries of the site has
been submitted to and approved by the Planning Authority.  Such scheme
shall take account of BAA Advice Note 3 ‘Potential Bird Hazards from Amenity
Landscaping & Building Design’, and shall include details of the maintenance
arrangements.  The approved landscaping shall thereafter be implemented
not later than the next appropriate planting season after the opening of the
facility (or, in the case of landscaping which serves a noise attenuation
function, not later that the opening of the facility), and the landscaping shall
thereafter be maintained in accordance with the approved arrangements.
5. Unless otherwise agreed in writing, no development shall commence on site
until such time as details of a pedestrian/cycle crossing facility on Dock Street
for use by persons using the cycle track along the former railway line have
been submitted to and approved in writing by the Planning Authority.  Such
crossing shall be completed prior to the opening of the facility.
6. No development (other than investigative works) shall commence on site until
such time as a detailed report on the nature and extent of any contamination
of the site has been submitted to and approved in writing by the Planning
Authority.  The report shall be prepared by a suitably qualified person and
shall include the following:
a) A detailed site investigation identifying the extent, scale and nature of
contamination of the site (irrespective of whether this contamination
originates on the site);
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b) An assessment of the potential risks to: 
• Human health;
• Property (existing and proposed), including buildings, crops, livestock,  
pets, woodland and service lines and pipes;
• Groundwater and surface waters;
• Ecological systems;
• Archaeological sites and ancient monuments. 
c) An appraisal of remedial options, including a detailed remediation
strategy based on the preferred option. 
7. No development (other than investigative works) shall commence on site until
a detailed remediation scheme for the site has been submitted to, and
approved in writing by the Planning Authority.  The scheme shall be prepared
by a suitably qualified person and shall detail the measures necessary to
bring the site to a condition suitable for the intended use by removing
unacceptable risks to human health, buildings and other property, and the
natural and historical environment.  The scheme shall include details of all
works to be undertaken, the remediation objectives and criteria, a timetable of
works and/or details of the phasing of works relative to the rest of the
development and its management procedures.  The scheme shall ensure that
upon completion of the remediation works of the site will not qualify as
contaminated land under Environmental Health Protection Act 1990 Part IIA in
relation to the intended use of the land after remediation. 
8. The approved remediation scheme shall be carried out in accordance with its
terms prior to the commencement of development other than that requiring to
carry out the remediation, unless otherwise agreed in writing by the Planning
Authority. The Planning Authority shall be notified in writing of the intended
commencement of remediation works not less than 14 days before these
works commence on site. Upon completion of the remediation works and prior
to the site being occupied, a verification report which demonstrates the
effectiveness of the completed remediation works shall be submitted to and
approved in writing by the Local Planning Authority. 
9. The presence of any previously unencountered contamination that becomes
evident during the development of the site shall be reported to the Planning
Authority in writing within one week, and work on the affected area shall
cease.  At this stage, if requested by the Planning Authority, an investigation
and risk assessment shall be undertaken and an amended remediation
scheme shall be submitted to, and approved in writing by the Planning
Authority prior to the recommencement of works in the affected area.  The
approved details shall be implemented as approved. 
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10. If the remediation plan requires it then a monitoring and maintenance scheme
(including the monitoring of the long-term effectiveness of the proposed
remediation) shall be submitted to, and approved in writing by the Planning
Authority. Any actions/measures ongoing shall be implemented within an
agreed timescale with the Planning Authority.  Following completion of the
actions/measures identified in the approved remediation scheme a further
report which demonstrates the effectiveness of the monitoring and
maintenance measures shall be submitted to and approved by the Planning
Authority.
11. If there is a requirement to either re-use site won material on to import
material then the assessment criteria and sampling frequency that would
adequately demonstrate its suitability for use shall be submitted to and
approved by the Planning Authority prior to any material being used, in
addition to this and in accordance with bs3882:2015 and BS8601:2013,
materials to be used in the top 300mm shall also be free from metals, plastic,
wood, glass, tarmac, paper and odours.  On completion of the works and at a
time and or phasing agreed by the Planning Authority, the developer shall
submit a verification report containing details on the source of the material
and appropriate test results to demonstrate its suitability for use.
12. Prior to the commencement of development on site, details of the Sustainable
Drainage System (SuDS) and its maintenance following installation shall be
submitted to and approved by the Planning Authority.  The SuDS shall be
designed to ensure the contaminants present on the site are not mobilised
and that pollution pathways are not created.  The SuDS shall thereafter be
formed and maintained on site in accordance with the approved details prior
to development
13. Unless otherwise agreed in writing, deliveries shall take place between 0700
hours and 1900 hours and HGV vehicles shall visit the site hydrogen
refuelling station only between 0700 hours and 2300 hours.
14. Unless otherwise agreed in writing, no development shall commence on site
until a noise mitigation strategy as noted in Section 7.10 of the Noise Impact
Assessment (25th June 2021) has been submitted to, and approved in writing
by the Planning Authority and any measures arising from the approved
strategy shall be implemented as approved.
15. Upon completion of the development hereby approved an independently
sourced Verification Report shall be submitted for the written approval of the
Planning Authority which shall demonstrate compliance with noise conditions
of this planning permission.  The report shall demonstrate that the projections
as detailed within the approved Noise Impact Assessment are reliable and
mitigate the noise sources.
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16. Unless otherwise agreed in writing, no development shall commence on site
until such time as a noise control method statement for the construction
period has been submitted to, and approved in writing by the Planning
Authority.  This statement shall identify likely sources of noise (including
specific noisy operations and items of plant/machinery), the anticipated
duration of any particular noisy phases of the construction works, and details
of the proposed means of limiting the impact of these noise sources upon
nearby residential properties and other noise-sensitive properties.  The
construction works shall thereafter be carried out in accordance with the
approved method statement unless otherwise approved in writing by the
Planning Authority.
17. During the period of construction, all works and ancillary operations which are
audible, at the site boundary (or at such other places(s) as may first be
agreed in writing within the Planning Authority), shall be carried out between
the following hours unless otherwise agreed in writing by the Planning
Authority:
Monday to Fridays: 0800-1800
Saturdays:   0800-1300
Sundays and public holidays: No working
18. No piling works shall be carried out until a method statement has been
submitted to and approved in writing by the Planning authority.  This
statement shall include an assessment of the impact on the piling on
surrounding properties, taking into account the guidance contained in
BS6472:1992 "Evaluation of Human Response to Vibration in Buildings".  It
shall detail any procedures, which are proposed to minimise the impact of
noise and vibration on the occupants of surrounding properties.  This
statement shall be prepared by a suitably qualified person, and the piling
works shall thereafter be carried out in accordance with the approved method
statement.
19. Unless otherwise agreed in writing no development shall commence on site,
until an external lighting scheme shall be submitted to and approved in writing
by the Planning Authority.  The scheme shall take into account all of the
lighting needs associated with the development during operational hours and
shall be the minimum required to perform the relevant lighting task, it shall be
specifically designed to minimise the risk of light spillage beyond the
development site boundary and into the sky and to avoid dazzle of distract
drivers on nearby road.
The scheme shall include:
• A statement settling out and justifying why the lighting scheme is
required
• A report, prepared by a lighting engineer setting out the technical details
of the luminaries and columns, including their location, type, shape,
dimensions and expected luminance output and specifically explaining
what design attributes have been chosen to minimise light pollution.
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• A plan illustrating illuminance levels across the development site and at
the boundary of the site. The level of illuminance shall be appropriate to
the character of the surrounding area as a whole. Four environmental
zones are internationally recognised, and the design will require to show
that control of overspill light is limited to the level required by the
particular environmental setting.
• A plan illustrating illuminance levels beyond the boundary or the site,
together with the downward light output ratio of the lights.
• A statement which demonstrates how the lighting scheme will be viewed
against the wider landscape and, where appropriate, the potential role of
landscaping in minimising the date and night-time visual impact of the
installation.
• An operational statement, the purpose of which is to ensure that the
developer and the lighting designer have considered operational regimes
that can provide energy savings.
• Details of the proposed house of operation (unless explicitly agreed in
writing, all external lighting luminaires shall be turned off during daylight
hours and when not actively required).
Applicants should have regard to the guidance document “Controlling
light pollution and energy consumption” produced by the Scottish
Executive (March 2007).
20. Unless otherwise agreed in writing, no development shall commence on site
until a Bird Hazard Management Plan has been submitted to and approved in
writing by the Planning Authority in consultation with Glasgow Airport.  The
submitted plan shall include details of the management of any flat/shallow
pitched/green roofs on buildings within the site which may be attractive to
nesting, roosting and loafing birds.  The management plan shall comply with
Advice Note 8: Potential Bird Hazards from Building Design.  The Bird
Management Plan shall be implemented as approved, on completion of the
development and shall remain in force for the lifetime of the development. No
subsequent alterations to the plan are to take place unless first submitted to
and approved in writing by the Planning Authority in consultation with
Glasgow Airport.
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APPENDIX 3 
DC22/052/FUL – Installation of decking (Retrospective) at No. 144 Mirren Drive,
Duntocher, Clydebank, G81 6LD. 
GRANT full planning permission subject to the following conditions:- 
None 
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APPENDIX 4
DC21/138/FUL – Residential development of 88 dwellings comprising of
cottage flats, bungalows and flats with vehicular access, associated car
parking and landscape works at land at the corner of Glasgow Road and Mill
Road, Clydebank by West Dunbartonshire Council. 
GRANT full planning permission subject to the following conditions:-
1. Prior to the commencement of development on site, exact details,
specifications and samples of all proposed external materials to be used for
the dwellings/flats and associated hard landscaping, to include boundary
treatments and waste storage facilities within the development site shall be
submitted to and approved in writing by the Planning Authority.  For the
avoidance of doubt the brick to be used shall comprise of i) Ibstock Arden
Weathered Grey, ii) Ibstock Himley Ebony Black, and iii) a glazed black brick.
Full details the proposed glazed black brick and its exact location for use on
the buildings shall be submitted to and agreed by the Planning Authority prior
to works commencing on site.  The development shall be completed in
accordance with the approved material details and palette unless otherwise
agreed by the Planning Authority.
2. Prior to the first occupation of the flats hereby approved details of the
proposed cycle storage and refuse/recycling stores shall be submitted for the
written approval of the Planning Authority.  The approved details shall be
installed prior to the first occupation of the flats hereby approved on an agreed
phased basis. The constructed cycle stores and refuse/recycling stores shall
be maintained for the lifetime of the development unless otherwise agreed by
the Planning Authority.
3. Prior to works commencing on site a proposed planting schedule to include
heavy standard tree planting shall be submitted for the written approval of the
Planning Authority to be read in conjunction with the soft landscape
arrangements approved under drawings XX – DR-L-90-002 Rev A and XX-
DR-L-90-001.  The planting schedule include native species and planting to
increase the biodiversity value of the site.  The approved landscape plans shall
be implemented no later than the next available planting season or a phased
scheme to be agreed with the Planning Authority.  Any trees, shrubs or plants
forming part of the approved landscape scheme which die, are removed or
become seriously damaged or diseased, within a period of 5 years from the
date of their planting, shall be replaced in the next planting season with others
of similar sizes and species unless the Planning Authority gives written
approval to any variation.  The landscaping arrangements as approved shall
thereafter be maintained in accordance with these details for the lifetime of the
development unless otherwise agreed by the Planning Authority.  It should be
noted that the submitted landscape details must comply with Advice Note 3
‘Potential Bird Hazards from Amenity Landscaping & Building Design’
(available at www.aoa.org.uk/publications/safeguarding.asp).  No subsequent
alterations to the approved landscaping scheme shall take place unless
submitted to and approved in writing by the Planning Authority.
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4. Prior to works commencing on site details of a children’s play area to be
incorporated in to the site’s landscaping areas shall be submitted for the
written approval of the Planning Authority.  The children’s play shall be
installed upon occupation of the 30th dwelling unless otherwise agreed by the
Planning Authority and shall be maintained for the lifetime of the development
unless otherwise agreed.
5. Prior to works commencing on site details of public art to be incorporated in
the site’s landscaping scheme shall be submitted for the written approval of
the Planning Authority.  The agreed public art shall be installed upon
completion of the development and shall be maintained for the lifetime of the
development unless otherwise agreed.
6. No house/bungalow shall be occupied within the site until the vehicle parking
spaces associated with that house unit have been constructed and provided
within the site in accordance with approved site layout (drawing no. ABC-XX-
XX-DR-A-0010-Rev J – Proposed site plan).  The aforementioned parking
shall thereafter be retained and be capable of use at all times and shall not be
removed or altered without the prior written approval of the Planning Authority.
7. Twelve months after the full occupation of the dwellings hereby approved a
Transport Statement and survey findings shall be submitted for the approval
of the Planning Authority.  The required submissions shall detail the use of the
approved car parking provision and if necessary shall provide details of
additional spaces to include location and a timescale for their implementation.
Thereafter the additional parking, if constructed, shall be retained and be
capable of use at all times and shall not be removed or altered without the
prior written approval of the Planning Authority.
8. Prior to the commencement of development with the site, details of the
location and design of an electric charging point(s)/unit(s) to serve the
development shall be submitted to and approved in writing by the Planning
Authority.  The approved car charging point(s)/unit(s) and associated
infrastructure shall thereafter be installed in accordance with the approved
details at a timescale agreed by the Planning Authority and maintained as
such thereafter.
9. Prior to the occupation of the first unit within the site, the developer shall
install the necessary infrastructure to enable the full development and all
associated properties to be connected to the existing fibre optic network,
where available in West Dunbartonshire, and in accordance with the relevant
telecommunications provider’s standards.
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10. Notwithstanding the plans hereby approved details of additional horizontal
traffic calming measures throughout the development site shall be submitted
for the written approval of the Planning Authority.  The approved works shall
be installed as agreed prior to the first occupation of the unit hereby approved
or an alternative timeframe to be agreed by the Planning Authority.  The
constructed traffic calming measures shall be maintained thereafter for the
lifetime of the development.
11. Notwithstanding the plans hereby approved full details of the junction between
Mill Road, the development access and Yoker Train Station shall be
submitted for the written approval of the Planning Authority. The works shall
thereafter be carried out in accordance with the approved plans and
maintained as such for the lifetime of the development unless otherwise
agreed.
12. No development (other than investigative works) shall commence on site until
such time as a detailed report on the nature and extent of any contamination
of the site has been submitted to and approved in writing by the Planning
Authority.  The report shall be prepared by a suitably qualified person and
shall include the following:
a) A detailed site investigation identifying the extent, scale and nature of
contamination on the site (irrespective of whether this contamination
originates on the site)
b) An assessment of the potential risks (where applicable) to:
a. Human health
b. Property (existing and proposed) including buildings, crops and
livestock, pets, woodland and service lines and pipes
c. Groundwater and surface waters
d. Ecological systems
e. Archaeological sites and ancient monuments
c) An appraisal of remedial options, including a detailed remediation
strategy based on the preferred option.
13. No development (other than investigative works) shall commence on site until
such time as a detailed remediation scheme for the site has been submitted to
and approved in writing by the Planning Authority.  The scheme shall be
prepared by a suitably qualified person and shall detail the measures
necessary to bring the site to a condition suitable for the intended use by
removing unacceptable risks to human health, buildings and other property,
and the natural and historical environment.  The scheme shall include details
of all works to be undertaken, the remediation objectives and criteria, a
timetable of works and/or details of the phasing of works relative to the rest of
the development, and site management procedures.  The scheme shall
ensure that upon completion of the remediation works the site will not qualify
as contaminated land under the Environmental Protection Act 1990 Part IIA in
relation to the intended use of the land after remediation.
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14. The presence of any previously unexpected contamination that becomes
evident during the development of the site shall be reported to the Planning
Authority in writing within one week, and work on the site shall cease.  At this
stage, if requested by the Planning Authority, an appropriate investigation and
risk assessment shall be undertaken and a remediation scheme shall be
submitted to and approved by the Planning Authority prior to the
recommencement of site works. The approved details shall be implemented
as approved.
15. f the remediation plan requires it then a monitoring and maintenance scheme
(including the monitoring of the long-term effectiveness of the proposed
remediation) shall be submitted to and approved by the Planning Authority.
Any actions ongoing shall be implemented within the timescale agreed by the
Planning Authority in consultation with Environmental Health.  Following
completion of the actions/measures identified in the approved remediation
scheme a further report which demonstrates the effectiveness of the
monitoring and maintenance measures shall be submitted to and approved in
writing by the Planning Authority.
16. If there is a requirement to either re-use site won material or to import material
then the assessment criteria and sampling frequency that would adequately
demonstrate its suitability for use shall be submitted to and approved by the
Planning Authority prior to any material being re-used or imported. In addition
to this and in accordance with BS3882:2015 and BS8601:2013, material to be
used in the top 300mm shall be free from metals, plastic, wood, glass, tarmac,
paper and odours. On completion of the works and at a time and or phasing
agreed by the Planning Authority the developer shall submit a verification
report containing details of the source of the material and associated test
results to demonstrate its suitability for use.
17. Prior to the commencement of development on site, details of the Sustainable
Urban Drainage System (SUDS) and its maintenance following installation
shall be submitted to and approved by the Planning Authority.  The SUDS
shall be designed to ensure that contaminants present on the site are not
mobilised and that pollution pathways are not created.  The Sustainable
Urban Drainage System (SUDS) shall thereafter be formed and maintained on
site in accordance with the approved details.
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18. No development shall take place on site until such time as a suitably updated
noise impact assessment has been submitted to and approved in writing by
the Planning Authority.  This noise impact assessment shall include an
assessment of the potential for occupants of the development to experience
noise nuisance arising from nearby sources including commercial premises,
plant noise. Where a potential for noise disturbance is identified, proposals for
the attenuation of that noise shall be submitted to and approved in writing by
the Planning Authority.  Any such approved noise attenuation scheme shall be
implemented prior to the development being brought into use and shall
thereafter be retained in accordance with the approved scheme.  The noise
impact assessment and any recommendations in respect of attenuation
measures shall be prepared by a suitably qualified person.  As this area is
subject to noise from aircraft, assessment of this source must be detailed
within the Noise Impact Assessment including detailed mitigation measures
for this noise source.  The development will require high specification acoustic
roof insulation as a minimum and double/triple glazing.
19. No development shall commence on site until such time that a noise
assessment has been submitted and approved by the Planning Authority in
writing, the noise assessment shall determine the impact of road traffic noise
on the development using the principles set out in ‘Calculation of Road Traffic
Noise’ (DoT/Welsh Office, HMSO, 1988) or by a method to be agreed by the
Planning Authority.  The survey shall take cognisance of the Scottish
Government Document: “Technical Advice Note Assessment of Noise”.
Where the submitted report identifies potential noise disturbance, it shall
include a scheme for protecting residents of the proposed dwellings from road
traffic noise.  The scheme shall ensure that the internal levels do not exceed
40dB daytime and 35 dB night time and the external levels do not exceed
55dB daytime in any rear garden areas, when measured as LAeq.T.  The
approved mitigation measures shall be implemented prior to the first
occupation of the dwellings hereby approved and shall be retained and
maintained for the lifetime of the development.
20. No development shall commence until such time that details of noise
attenuation/soundproofing works have been submitted to and approved in
writing by the Planning Authority.  The approved noise
attenuation/soundproofing measures shall be implemented prior to the
development being brought into use and shall thereafter be retained in
accordance with the approved scheme.
21. Upon completion of the development hereby approved an independently
Verification Report shall be submitted for the written approval of the Planning
Authority which shall demonstrate compliance with noise conditions of this
planning permission.  The report shall demonstrate that the projections as
detailed within the approved Noise Impact Assessment are reliable and
mitigate the noise sources.
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22. No development shall commence on site until such time as a noise control
method statement for the construction period has been submitted to and
approved in writing by the Planning Authority.  This statement shall identify
likely sources of noise (including specific noisy operations and items of
plant/machinery), the anticipated duration of any particularly noisy phases of
the construction works, and details of the proposed means of limiting the
impact of these noise-sensitive properties.  The construction works shall
thereafter be carried out in accordance with the approved method statement
unless otherwise approved in writing by the Planning Authority.
23. During the period of construction, all works and ancillary operations which are
audible at the site boundary (or at such other place(s) as may first be agreed
in writing by the Planning Authority), shall be carried out between the following
hours unless otherwise approved in writing by the Planning Authority:
• Mondays to Fridays: 0800-1800
• Saturdays: 0800-1300
• Sundays and public holidays: No working
24. No piling works shall be carried out until a method statement has been
submitted to and approved in writing by the Planning Authority.  This
statement shall include an assessment of and take into account the following:
• The impact of the piling on surrounding properties.
• Detail any procedures which are required to minimise the impact of noise
and vibrations on the occupants of surrounding properties.
This statement as submitted shall be prepared by a suitably qualified person
and shall take into account the guidance contained in BS6472:1984
‘Evaluation of Human Response to Vibration of Buildings’.  The piling works
shall thereafter be carried out in accordance with the approved method
statement until they are completed on site.
25. Unless otherwise approved in writing by the Planning Authority, no
development shall commence on site until such time as a scheme for the
control and mitigation of dust has been submitted to and approved in writing
by the Planning Authority.  The scheme shall identify likely sources of dust
arising from the development or its construction, and shall identify measures
to prevent or limit the occurrence and impact of such dust.  The approved
scheme shall thereafter be implemented fully prior to any of the identified dust
generating activities commencing on site and shall be maintained thereafter,
unless otherwise approved by the Planning Authority.
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26. Prior to the commencement of development on site, an Air Quality Impact
Assessment shall be submitted for the written approval of the Planning
Authority.  The report should use a method based on the principles set out in
the Environmental Protection UK document Development Control: Planning
for Air Quality (2010 Update), Scottish Government publication ‘Local Air
Quality Management Technical Guidance LAQM.TG (09) and ‘Delivering
Cleaner Air for Scotland – Guidance from Environmental Protection Scotland
and the RTPI Scotland – January 2017’.  The recommendations within the
approved Air Quality Report shall be implemented prior to the first occupation
of the dwellings or an alternative timescale agreed by the Planning Authority.
27. Prior to work commencing details of the sites proposed lighting scheme shall
be submitted for the written approval of the Planning Authority and should
include details of lamp type and luminaire.  The lighting installation shall
thereafter be carried out in accordance with the approved details unless
otherwise agreed by the Planning Authority.
28. No development shall commence on site until details for the storage and the
collection of waste arising from the development shall be submitted to and
approved in writing by the Planning Authority.  The agreed details shall be in
place prior the occupation of the first housing unit/property within the site and
thereafter maintained for the lifetime of the development.
29. Should works commence on the development hereby approved after the start
of the next bat breeding season (April 2022) then a further Bat Survey shall be
undertaken and submitted for the written approval of the Planning Authority. In
the event that bats are encountered during other works, all works should
cease and Nature Scot or a licenced ecologist contacted.
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PLANNING COMMITTEE
NOTE OF VISITATIONS – 6 JUNE 2022
Present: Councillors Diane Docherty, Gurpreet Singh Johal, Lawrence
O’Neil and Chris Pollock
Attending: Pamela Clifford - Planning, Building Standards and
Environmental Health Manager; James Hall - Policy Planning
Officer and Gillian Neil - Biodiversity Officer
SITE VISITS
Site visits were undertaken in connection with the undernoted planning applications:-
144 Mirren Drive, Duntocher, Clydebank, G81 6LD
DC22/052/FUL – Installation of decking (Retrospective)
Supermarket 36 Glasgow Road, Dumbarton, G82 1QZ
DC21/178/ADV – Range of advertisements include fascia signs and freestanding 8m
high double sided pole sign (associated with proposed coffee shop and drive-thru
facility subject to application DC21/176/FUL)
TPO - Brucehill Cliffs
Felling of trees within Brucehill Cliffs Tree Preservation Order area.
ITEM 4
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 03 August 2022
_____________________________________________________________
DC22/058/FUL:         Part use of restaurant car park for hand car-wash facility with
associated works inclusive of office and canopy at
Restaurant, Dumbarton Road, Milton, G82 2TN by Happy
Lettings and Property
1. REASON FOR REPORT
1.1 The application has been subject of an objection from a Community Council.
Under the terms of the approved Scheme of Delegation, it therefore requires to
be determined by the Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9 below.
3. DEVELOPMENT DETAILS
3.1 The application site is located within the eastern corner of the existing Black
Rooster Peri Piri restaurant car park on the A82 Dumbarton Road in Milton. The
site is bounded to the north by a wooded area, to the east by a petrol station
and the restaurant car park to the south and west. There are also self-service
laundrette machines also located in the car park to the west of the proposed
development. The site takes access from the shared entry to the petrol station
and restaurant from Dumbarton Road, through the car park and to the
development site.
Permission is sought to change the use of part of the car park in order to form
a hand car-wash facility. The development associated with the use will consist
of:
• A corrugated metal office/store building located in the north east corner
of the site measuring 2.43m wide, 6.05m long and 2.6m high
• A clear acrylic canopy which covers the office and site, in a right angled
formation in the corner site, measuring 20m across the back of the site
and 14m along the eastern boundary between the petrol station. The
height of the canopy is 3m.
The cars enter at the western side of the site moving though the canopy area and out,
back into the car park. Within the southern part of the canopy area there is a valeting
ITEM 6 (a)
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section and outside of the canopy a collection area. There are no proposals to change
the boundary fences on either the north of east boundary. 
4. CONSULTATIONS
4.1 Transport Scotland have no objections subject to a condition that there shall be
no drainage connections to the trunk road drainage system.
4.2 West Dunbartonshire Council Roads Service have no objections. It is
recommended that the applicant carries out a risk assessment for managing
water/ice in the car park, and obtains the necessary permissions for waste
water to be discharged into the appropriate drainage system.
4.3 West Dunbartonshire Council Environmental Health, Scottish Water have no
objections to the proposed development.
5. REPRESENTATIONS
5.1 Two objections, including one from Bowling & Milton Community Council, were
received in connection with the application. The concerns raised can be
summarised as follows:
• Potential water run-off onto the A82 with resultant damage to the pavement
and car park area of the restaurant.
• Flooding on the road.
• Queuing traffic backing up onto A82.
• Increase in vehicles performing illegal U-turns.
• Proximity to an existing hand car wash.
• Labour practices of the business.
• Negative amenity impacts.
• Number of car washing facilities in Milton.
• It would be an eyesore.
• No benefit to the area.
The points raised in the objections received will be considered in the Section 7
below.  
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
West Dunbartonshire Adopted Local Plan 2010
6.1 Policy T5 advises that within the roadside service areas designated on the
Proposals Map there will be presumption that the existing petrol station, garage,
tourist and other uses will continue. The Policy goes on to advise that any
development proposal will be subject to an assessment against Policy GD1 with
special consideration given to traffic impact and access. The Council will
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encourage improvements to the environmental and design quality of such
areas. 
6.2 Policy GD1 seeks to ensure that all new development is of a high quality design,
of an appropriate and compatible land use and that it respects the character
and amenity of the surrounding area. 
6.3 The proposal complies with the policies of the adopted Local Plan and is
assessed fully in Section 7 below. 
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.1 The modified Plan and associated documents was approved by the Council on
19 August 2020. The Council has advised the Scottish Ministers of its intention
to adopt the Plan. On 18 December 2020, the Scottish Ministers issued a
Direction in relation to the housing land chapter of the Plan. None of the policies
considered in the determination of this application are effected by that Direction.
Therefore, Local Development Plan 2 is the Council’s most up to date policy
position and is afforded significant weight in the assessment and determination
of planning applications.
7.2 Policy E5 states that tourist related development, which will enhance roadside
facilities at Milton, will be supported where it does not significantly impact on
trade within and the vitality and viability of Town Centres.
7.3 Policy CP1 states that new development shall take a design led approach to
creating sustainable places which put the needs of people first and demonstrate
the six qualities of successful places.
Principle of Development
7.4 The Proposals Maps and relevant policies of the adopted Local Plan and
proposed LDP2 identify this area of Milton as an area for roadside services
where there are clusters of facilities such as petrol stations, shops, cafes,
restaurants and hotels. As such it is considered that the use of a car wash
facility is in keeping with the other services provided within this area including
petrol stations, cafe, restaurant and hotel. These provide convenient facilities
for people visiting and passing through West Dunbartonshire and contribute to
the local economy. The nature of the proposed development in providing a
roadside facility would not draw trade away from designated centres. On the
basis of the above, it is considered that this is an appropriate location for the
proposed development and the proposal is in accordance with policy E5 of the
adopted local plan, and E5 of the LDP2 Proposed Plan.
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Site Layout, Design and Appearance
7.5 The development consists of an office/store building and a clear acrylic canopy
which sits at 3m high. The development is located within the rear corner of an
existing car park. The area is one which has an array of different facilities
immediately adjacent including self-service laundrette machines, a restaurant
and a petrol station. No colour finishes have been noted for the office/store and
it is recommended that any granting of permission should include a condition
which requires an acceptable colour to be agreed prior to the development
commencing. The car wash facility is small in scale compared to the
surrounding development and situated within a suitable location for a roadside
facility. Subject to condition, will not cause an unacceptable visual impact upon
the surrounding area and there is no conflict with Policy CP1 of LDP2. 
Car Parking Requirements
7.6 The car wash uses the most western part of the facility for cars to enter and
then further east along the canopy to exit, returning back into the existing car
park.  The capacity for the restaurant which the car park currently serves is 76
covers with four staff working at any time. The proposed development would
leave 47 car parking spaces remaining which is sufficient that the removal of
car parking spaces will not adversely affect the existing restaurant. Both
Transport Scotland and the Council’s Road Service have been consulted on the
application proposal and neither offer any objection to this arrangement. 
7.7 The car wash facility has the potential for water to run off from the development
into the existing car park. Given the advice from the Council’s Road Service it
is considered appropriate that any granting of permission include a condition
which requires a risk assessment for managing water/ice on the car park
surface to be approved prior to the commencement of the development on site.
This will ensure that no adverse impact is created for the existing use. The
requirement to secure an appropriate drainage arrangement can also be
addressed by condition.
7.8.  There are no objections from Transport Scotland subject to a condition stating
that there shall be no drainage connections to the trunk road draining system.
For the above reasons it is considered that, subject to conditions there will be
no adverse impact upon the access to the roadside services or upon the
existing car park. 
Representations Received
7.9 Bowling and Milton Community Council have objected to the proposal as well
as one objection from a member of the public. The objection from a member of
public focuses on the proposal bringing no value to the people of Milton and
that it is designed for passing trade. Both the adopted Local Plan and the
proposed LDP2 have identified this area as “roadside services”. The LDP2
states that this area provides convenient facilities for people visiting and
passing through West Dunbartonshire. For this reason it is considered that this
is an appropriate location for the type of development. 
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7.10  The Community Council have objected on a number of points including the
potential for run off from the development onto the A82. It is considered that the
condition for a risk assessment will ensure that this will not become an issue.
Queuing traffic onto the A82 is also a concern of the Community Council. Both
the Council’s Roads Service and Transport Scotland have no concerns on this
matter. The development is located in an existing car park and any queuing
vehicles would be stopped within the car park itself. An increase in vehicles
performing illegal U-turns has been highlighted as part of the objection also.
There is nothing to suggest that this would occur and again the Council’s Roads
Service and Transport Scotland have not highlighted this as an issue.
7.11 Further concerns raised by the Community Council include the proximity of
another hand car wash facility. It is not, however, the purpose of the planning
system to inhibit competition. The proposed location is an acceptable location
and as such does not conflict with local planning policies.   Labour practices of
the development are a concern of the Community Council however this is not a
material planning consideration and cannot be governed by a planning
application. The existing laundry business has also been noted as a concern.
This development has an existing permission and the addition of the car wash
facility will further add to the provision of roadside services in accordance with
the adopted and proposed Plans.
8. CONCLUSION
8.1 The proposed development is considered to be in accordance with Policy T5 of
the adopted Local Plan and Policy E5 of the proposed LDP2 as this is an area
identified for road side services and the proposed development is in keeping
with the types of services expected in such an area. There is also no conflict
with the aims of Policy GD1 of the adopted Plan and Policy CP1 of the proposed
LDP2. Subject to the conditions set out in Section 9 below, the proposal raises
no issues in terms of the impact upon the trunk road, existing uses or upon
visual amenity. 
9. CONDITIONS
1. Notwithstanding the approved plans, details and specifications of the proposed
external colour of the office/store shall be submitted for the further written
approval of the Planning Authority prior to any work commencing on site and
shall be implemented as approved unless an alternative is otherwise  agreed in
writing by the Planning Authority.
2. Prior to works commencing on the development hereby approved, details of on-
site drainage infrastructure shall be submitted for the written approval of the
Planning Authority. The details shall ensure that no water shall be discharged
onto the public road or into the road drainage system. The approved drainage
infrastructure shall then be installed prior to the commencement of the use
hereby permitted and maintained in an operational condition at all times.
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3. Prior to works commencing on the development hereby approved, details of a
risk assessment for managing water/ice on the car park surface shall be
submitted for the written approval of the Planning Authority. Any
recommendations and mitigations within the approved assessment shall then
be followed at all times.
4. Prior to the commencement of the use hereby approved, details for the storage
and the collection of waste arising from the proposed development hereby
approved shall be submitted to and approved in writing by the Planning
Authority. The agreed details shall be in place for the commencement of the
use and thereafter maintained for the lifetime of the development.
5. Notwithstanding the approved plans, there shall be no drainage connection to
the trunk road drainage system.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 3rd August 2022
Person to Contact: Pamela Clifford, Planning & Building Standards Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix: Appendix 1 – Location Plan
Background Papers: 1. Application forms and plans
2. Consultation responses
3. West Dunbartonshire Local Plan 2010
4. West Dunbartonshire Local Development
Plan 2 Proposed Plan
5. Representations
Wards affected:   Ward 3 – Dumbarton
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West Dunbartonshire Council
16 Church Street
Dumbarton
G82 1QL
Reproduced by permission of Ordnance Survey
on behalf of HMSO © Crown copyright and
database right 2015. All rights reserved. Ordnance
Survey Licence number 100020790
Map Register No: HQ671
Date: 18 July 2022
DC22/058/FUL Part use of restaurant car
park for hand car-wash
facility with associated
works inclusive of office
and canopy
Restaurant
Dumbarton Road
Milton
G82 2TN
ITEM 6 (a) Appendix 1
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 3rd August 2022
_____________________________________________________________ 
DC22/096/FUL: Change of use to allow fitting of tyres to motor vehicles together
with associated works (retrospective) by Mr K Connelly, KMC
Tyres & Recovery. 
1. REASON FOR REPORT
1.1 A previous planning application for the site, which was subsequently the subject of an
appeal, was considered by the Committee and the application thus raises issues of
local significance. Under the terms of the approved Scheme of Delegation, it therefore
requires to be determined by the Planning Committee.
2. RECOMMENDATION
2.1 Refuse planning permission for the reasons set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application site relates to an area of land on the corner of Dumbarton Road and
Beeches Road, Duntocher, Clydebank.  The site is bounded by Beeches Road to the
east with flatted properties beyond and by Dumbarton Road to the south with a large
area of open space on the opposite side of the road.  To the west, the site is bounded
by a public house and car park, and to the north there is an area of open space which
separates the site from the library and community centre. The site measures
approximately 640 square metres and was previously used as a car park associated
with the adjacent public house.
3.2 In June 2021, the Planning Committee refused planning permission (DC21/012/FUL)
for the siting of 3 containers on the existing car park to accommodate tyre fitting
business as the Committee considered that the proposed development would result in
the introduction of a type of use that would be out of character with the surrounding
area and would have a significant detrimental impact on the amenity and appearance
of the surrounding area. Additionally, it was considered that the proposal would not be
compatible with adjacent residential uses. The Committee was therefore of the view
that the proposal was unacceptable and contrary to Policy H5 of the adopted West
Dunbartonshire Local Plan, Policy BC4 of the West Dunbartonshire Local
Development Plan 1 (Proposed Plan 2016) and Policy H4 of the West Dunbartonshire
Local Development Plan 2 (Proposed Plan 2020).
3.3 Following refusal, the applicant submitted an appeal. In considering the appeal, the
Reporter assessed both the impact on the character and appearance of the immediate
locality together with the amenity of nearby residents. The Reporter found the
containers to be utilitarian structures which appear out of place in this area and
considered that that they were visually harmful. The Reporter also found that the site
was not located within a fundamentally commercial area and the activity would be out
of place. The Reporter went on to find that the containers were positioned a relatively
ITEM 6 (b)
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short distance from adjacent residential properties and visible to residents of upper
flats and this would adversely impact upon their amenity. Overall, the Reporter
considered that the proposed development did not accord with the relevant provisions
of the development plan and was not supported by Policy H5 of the adopted Local
Plan, Policy BC4 of proposed Local Development Plan 1 and Policy H4 of proposed
Local Development Plan 2. The Reporter found that there were no material
considerations which would justify granting planning permission.
3.4 The current application is for the same use of the site as previously refused planning
permission and seeks to address the previous reasons for refusal with the containers
re-positioned on the site and largely enclosed behind a 2.4 metre high timber screen.
It remains that the site is enclosed by a green weld-mesh fence. Despite the previous
refusal of planning permission, the site remains in use for the purposes of tyre fitting
and the timber screens have already been erected around the containers. Accordingly,
the application is considered in retrospect. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service have no objections to the proposed
development
4.2 West Dunbartonshire Council Environmental Health Service have indicated that a
Noise Impact Assessment (NIA) Report for this site was received under for the
previous, planning application reference number DC21/012/FUL, however there are
concerns regarding level of noise from the tyre fitting operations since going into
operations. It is noted that there is a generator in use for the operation. If planning
consent is to be grant the applicant must ensure that only the plant and equipment
assessed/mentioned in the previously submitted NIA can be used, otherwise the
applicant must submitted another Noise Impact Assessment  to include the new set of
plant and equipment.
5. REPRESENTATIONS
5.1 Three objections have been received from nearby residents. The concerns raised can
be summarised as follows:
• The development and use of the site has already been refused on appeal.
• There is little difference between the current proposal and the previous one.
• The location is not appropriate for this use.
• Noise levels from the operation adversely affect local residents.
• Significant noise results from the generator on site with residents unable to
open windows.
• The proposal will result in an increase in traffic at an existing busy junction
causing disruption to public transport and to cars entering the adjacent housing
scheme.
• Increased risk of accidents for both vehicles and pedestrians.
• Vehicles may park on the road and this may adversely impact upon road and
pedestrian safety.
• Adjacent property values may be adversely impacted upon.
• The proposal is contrary to the principles of good placemaking.
• The use of the site continues to operate without planning permission.
• The Enforcement Notice issued has not been complied with.
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The  concerns raised shall be assessed in the Section 7 below.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
West Dunbartonshire Local Plan 2010
6.1 Policy GD1 seeks to ensure that all new development is of a high quality design, of an
appropriate and compatible land use and that it respects the character and amenity of
the surrounding area. Policy H5 seeks to ensure that the character and amenity of
existing residential areas are safeguarded where new development is proposed.
Where non-residential uses are proposed consideration should be given as to whether
the use can be considered ancillary or complementary to the residential area.
Developments should not result in a significant loss of amenity to surrounding
properties, such as through increased traffic, noise, vibration, smell artificial light, litter,
hours of operation and general disturbance. 
6.2 The proposal cannot be considered to be of a high quality design, of an appropriate
and compatible land use and one which respects the character and amenity of the
surrounding area. It is not supported by Policy GD1.  The proposal also would also fail
to safeguard the character of the existing residential area and is not supported by
Policy H5. Accordingly, the proposal cannot be considered to comply with the Adopted
Local Plan and is assessed fully in Section 7 below.
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.1 Since the previous refusal of planning permission, LDP1 had ceased to be a material
consideration in the assessment of planning applications. The modified LDP2 was
approved by the Council in August 2020 and the Council then advised the Scottish
Ministers of its intention to adopt the Plan. The Scottish Government issued a direction
to the Council on 18th December 2020 requiring modifications to the housing parts of
LDP2. None of the policies considered in the determination of these applications is
affected by the Direction. LDP2 is therefore the Council’s most up to date policy
position and has significant weight in the assessment and determination of planning
applications at this time. 
7.2 Policy H4 of LDP2 focuses on the safeguarding of amenity in existing residential areas
and sets a requirement for developments to protect, preserve and enhance their
residential character and amenity. There is a general presumption against the
establishment of non-residential uses which potentially have detrimental effects on
local amenity or which cause unacceptable disturbance to local residents. Similarly to
Policy H4, Policy CP1 seeks to ensure that all development takes a design lead
approach and demonstrate the six qualities of successful places. Policy ENV8 seeks
to ensure that developments do not have a significant impact on established residential
areas and properties by way of air, noise or light pollution. Where required, proposals
that have the potential to impact, will require to demonstrate that their impact is not
significant and provide adequate mitigation where necessary. 
7.3 The proposal cannot be considered to take a design lead approach which responds to
the local context and be compatible with local amenity. It also fails to safeguard the
amenity of the residential area. Accordingly, the proposal cannot be considered to
comply with proposed LDP2.
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Principle of Development
7.4 The site is located within a residential area as defined by the adopted Local Plan and
proposed Local Development Plan 2. Overall, the area is residential in character with
residential properties immediately opposite the site. Notwithstanding this, a variety of
other uses are also found within the vicinity of the site providing local facilities within
the area. These include a retail shop, hairdressers, and dog groomers together with a
public house immediately adjacent to the site to which the car park forming the
application site was previously associated. Areas of open space also lie in close
proximity to the site. In paragraph 8 of the appeal decision for the previous application,
the Reporter is clear that in accepting that whilst this is a convenient location for
motorists to stop, the site is positioned within a location that is not fundamentally a
commercial area and the Reporter considered that the activity would be out of place.
It is therefore clear that the principle of the development is not supported by the appeal
decision. 
7.5 Notwithstanding the Reporter’s concerns regarding the principle of the activity being
undertaken on site, there were also significant concerns in respect of the appearance
of the site. The Reporter was concerned that the use of shipping containers was
inappropriate at this location, noting in paragraph 8 of the appeal decision that they
were utilitarian structures which appear out of place in this area and that they are
unattractive. Overall the Reporter found them to be visually harmful. Shipping
containers are also more readily associated with industrial areas, a point that the
Reporter considered to be important. 
7.6 In seeking to address the concerns raised in the previous appeal decision, the
containers and storage areas within the site are now largely enclosed behind a timber
screen. The forward part of the container which is not enclosed behind a screen is
covered by a camouflage netting. Whilst acknowledging the applicant’s efforts to
screen the containers and storage area within the site, it is considered that this does
not address the fundamental concerns regarding the development. The site still has
an industrial appearance which is not considered to respond to the locality and the use
and activity of the site remains incompatible with the residential character of the wider
area. The revised proposal cannot be held to adequately address the previous reasons
for refusal both in terms of the visual appearance of the site and that overall, the activity
was considered to be out of place.
Impact on Residential Amenity
7.7 Residential properties lie to the opposite side of Beeches Road. Noise disturbance is
raised as a concern in the objections received. In considering the appeal, the Reporter
noted that a tyre changing machine and a wheel balancing machine would be
accommodated within one of the two larger containers and that with a diesel generator
and compressor within the third, smaller container. The Reporter also noted the noise
impact assessment which the applicant had commissioned. Whilst noise impact
Monday to Saturday would not be adverse, it would be more significant on Sundays.
The Reporter considered that this could, however, be overcome by re-positioning the
containers from what is shown in the application plan and this could be addressed by
condition if required. Overall, the Reporter did not believe there can be a substantial
case against the development in terms of noise. 
7.8 The consultation response for this application from the Council’s Environmental Health
Service references the Noise Impact Assessment (NIA) Report received under for the
previous planning application, which the applicant has also submitted in support of this
application. The repositioning of the containers since the previous application is,
however, noted. Whilst the concerns raised by Environmental Health are noted, in light
of the position taken by the Reporter in the previous appeal decision, it is not
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considered that the refusal of planning permission on noise disturbance alone could
be justified. Ensuring equipment that was not assessed as part of the NIA undertaken
is not used on site could be addressed by condition if required. 
In further assessing the impact on local residents, the Reporter sets out in paragraph
12 of the appeal decision that the containers are utilitarian in appearance and are
designed to be useful and practical, rather than attractive. The Reporter went on to
consider the proximity of neighbouring residential windows and that the containers
would be very obvious features, at relatively short distances, as residents of upper flats
look out from their windows.  Notwithstanding the applicant’s efforts to address these
concerns with the additional screening on site, it remains that the site still has an
industrial appearance and the adverse impact on neighbouring residents is not
diminished.  
Parking and Access
7.9 Concerns have been raised regarding the proposed development’s potential to cause
an increase in traffic at an existing busy junction, causing disruption to public transport
and other road users. Further concerns in respect of on street parking and increased
risk of accidents for both vehicles and pedestrians are highlighted. In considering roads
matters including road safety, the assessment is guided by the consultation response
from the Council’s Road Service who, having fully considered the proposal, offer no
objections. The previous appeal decision also raised no road matters of concern. There
are thus no issues in respect of road safety which arise that would justify refusal.  
Other Matters
7.10 As assessed in determining the previous planning application, the site is located near
to the Antonine Wall, the setting of which is protected as it is a Scheduled Ancient
Monument.  The Wall at this location is not visible as it passes under existing buildings.
The proposal would not involve any ground excavation works there is no risk to
archaeological remains.
Representations Received
7.11 Turning to the outstanding points raised in the submitted objections which have not
been assessed above, it is acknowledged that the application is considered in
retrospect and that the site operates despite the previous refusal of planning
permission on appeal. Whilst this situation is disappointing, it would be inappropriate
to refuse planning permission solely on this basis. An Enforcement Notice and Stop
Notice were issued in April of this year. These were issued to KMC Tyres and Recovery
Ltd as the occupier of the site. However, following the issue of the Notices, it has been
establish that this company has been dissolved. Accordingly, the Notices have been
withdrawn whilst the situation is reviewed and the matter will be revisited following the
determination of this application. It is noted that whilst no longer a Limited Company,
it is advised that the applicant still trades under the name KMC Tyres and Recovery.
Whilst concerns regarding the loss of property values is noted, this is not a material
planning consideration.  
8. CONCLUSION
8.1 It remains that the revised proposal introduces a commercial use with industrial
characteristics into a primarily residential area. Whilst acknowledging the applicant’s
efforts to screen the containers and storage area within the site, this does not address
the fundamental concerns regarding the development. The site still has an industrial
appearance which is not considered to respond to the locality, and the use and activity
of the site remains incompatible with the wider area. The revised proposal cannot be
held to adequately address the previous reason for refusal both in terms of the visual
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appearance of the site and that overall, the activity is out of place. The adverse impact
on neighbouring residents is also not diminished. It remains that the proposal is not
supported by Policies GD1 and H5 of the adopted West Dunbartonshire Local Plan
and Policies CP1 and H4 of the proposed West Dunbartonshire Local Development
Plan 2. 
9. Reasons for Refusal
1. The proposed development would result in the introduction of a use that would be
out of character with the surrounding area, would have a significant detrimental
impact on the amenity and appearance of the surrounding area and would fail to
protect, preserve and enhance the residential character and amenity of the area.
This is contrary to the requirements of Policy H5 of the adopted Local Plan and
Policy H4 of the proposed West Dunbartonshire Local Development Plan 2.
2. The development is not of a high quality design and does not respect the character
and amenity of the area in which it is located. With reference to the local area, it is
also inappropriate in terms of the land use and design and is thus not supported
by Policy GD1 of the adopted Local Plan.
3. The development does not take a design led approach which responds to the
locality and cannot be held to reflect the six qualities of successful places, contrary
to the requirements of Policy CP1 of the West Dunbartonshire Local Development
Plan 2.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 3rd August 2022  
______________________________________________________________
Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix: Location Plan
Background Papers: 1. Application documents and plans
2. West Dunbartonshire Local Plan 2010
3. West Dunbartonshire LDP - Proposed Plan 1
4. West Dunbartonshire LDP - Proposed Plan 2
5. Consultation responses
6. Representations
7. Planning Appeal Decision PPA-160-2035
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Wards affected: Ward 4 (Kilpatrick)
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West Dunbartonshire Council
16 Church Street
Dumbarton
G82 1QL
Reproduced by permission of Ordnance Survey
on behalf of HMSO © Crown copyright and
database right 2015. All rights reserved. Ordnance
Survey Licence number 100020790
Map Register No: HQ672
Date: 18 July 2022
DC22/096/FUL Change of use to allow
fitting of tyres to motor
vehicles together with
associated works
(retrospective)
Land Adjacent To Public House
Dumbarton Road
Duntocher
Clydebank
ITEM 6 (b) Appendix 1
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 3rd August 2022
_____________________________________________________________
DC21/039/FUL: Extension to existing shop unit for use as a hot food
takeaway at 40 Mountblow Road, Clydebank by Mrs
Shaneen Majeed
1. REASON FOR REPORT
1.1 The application has been subject of a significant level of objection. Under
the terms of the approved Scheme of Delegation it therefore requires to be
determined by the Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application property is a commercial unit located on the eastern side
of Mountblow Road, Clydebank, within a primarily residential area. A
group of three high-rise blocks, north east of the site, is within walking
distance from the unit. A convenience store currently occupies the unit
which is a flat-roofed detached building and is the only local shop along
the length of Mountblow Rd, and is located next to the western entrance to
Dalmuir Park. The plot where the existing shop is located is trapezoidal in
shape, narrowing towards the side facing the road; the rear curtilage
measures approximately 430sqm. There is no dedicated parking, however
a parking layby is outside of the shop in Mountblow Rd near the signalised
pedestrian crossing and the bus stop; free parking in the nearby
residential streets is also available a short walking distance away. The unit
currently features a single entrance with a large shop window adjacent to
it; however, the window is blocked out with advertising.
3.2 The planned works will consist of a creation of an extension to the existing
shop unit for use as a hot food takeaway.
• The proposed extension would have an irregularly shaped footprint of
212sqm against 214.5sqm of the host property, out of which 59sqm
ITEM 6 (c)
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would be allocated for the customer area, accessed from Mountblow
Road through a newly formed front door (located next to a newly
formed shop window). The remainder of the new floorspace would be
used as a ‘deli area’ for the final preparation of food and serving
customers, followed by a kitchen area with shelving, a walk-in fridge,
dry storage and an accessible toilet for staff. The extension will be
designed with a flat roof to a height of around 4 metres.
• A fire exit would be formed in the northern gable, leading into the rear
curtilage where bin storage would be located. The other gable would
feature a new window serving the aforementioned toilet.
• No information has been provided on the choice of materials and
finishes. There will be no additional parking facilities as a result of the
development.
The existing unit will continue to operate as a retail shop.
4. CONSULTATIONS
4.1 West Dunbartonshire Council Environmental Health Service have no
objection subject to conditions addressing ventilation, grease filters and
provision for waste.
4.2 West Dunbartonshire Council Roads Service have no objections to the
proposed development on the basis of road safety, parking requirements
and flooding.
5. REPRESENTATIONS
5.1 Eight objections have been received from seven individuals in response to
the application. The main grounds of objection are summarised below:
• Overprovision of hot food takeaways in the area.
• Congregations of customers of the proposed use forming outside the
proposed premises.
• Rat infestation issues due to burger van operation in the vicinity in the
past.
• Amenity issues as a result of odours and litter and food waste from the
proposed use.
• Insufficient parking provision, traffic increase and resulting road safety
issues on Mountblow Rd and the streets of the adjacent residential estate.
• Anti-social behaviour occurring in the near vicinity of the existing shop and
its potential increase due to the proposed introduction of a hot food
takeaway use.
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6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
West Dunbartonshire Adopted Local Plan 2010
6.1 Policy H5 seeks to protect, preserve and enhance the residential
character and amenity of existing residential areas at all times. The
proposal should be considered against the criteria of the need to reflect
the character of the surrounding area in terms of scale, density, design
and materials as well as the requirement to avoid overdevelopment which
would have an adverse effect on local amenity, access and parking or
would be out of scale with surrounding buildings. Policy GD1 seeks to
ensure that all new development is of a high quality design, of an
appropriate and compatible land use and that it respects the character and
amenity of the surrounding area.  
6.2 It is considered that the proposal is of an acceptable design and the
position ensures that the hot food takeaway use does not immediately
adjoin residential properties or result in any adverse impact on residential
amenity.  The proposal complies with the policies of the adopted Local
Plan and is assessed fully in Section 7 below. 
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.1 The modified Plan and associated documents was approved by the
Council on 19 August 2020. The Council has advised the Scottish
Ministers of its intention to adopt the Plan. On 18th December 2020, the
Scottish Ministers issued a Direction in relation to the housing land
chapter of the Plan. None of the policies considered in the determination
of these applications is affected by the Direction. Therefore, Local
Development Plan 2 is the Council’s most up to date policy position and is
afforded significant weight in the assessment and determination of
planning applications.
.
7.2 Policy H4 seeks to protect, preserve and enhance the residential
character and amenity of existing residential areas which reflects the
requirements of Policy H5 of the Adopted Plan. Policy CP1 seeks to
ensure that all development takes a design lead approach and
demonstrate the six qualities of successful places. Policy ENV8 seeks to
ensure that developments do not have a significant impact on established
residential areas and properties by way of air, noise or light pollution.
Where required, proposals that have the potential to impact, will require to
demonstrate that their impact is not significant and provide adequate
mitigation where necessary. 
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Principle of Development
7.3 The site is located within a residential area as defined by the adopted
Local Plan and proposed Local Development Plan 2. Overall, the area is
residential in character with the existing unit providing local shopping
facilities. The provision of local neighbourhood shopping facilities within a
mainly residential area is commonplace and can provide for local
shopping provision and other services for residents within the communities
they serve. In this instance, it is proposed to extend the unit to form a hot
food takeaway.  Whilst careful consideration requires to be given to a
range of matters including the impact on residential amenity, the provision
of a hot food takeaway at this location will expand local facilities available
at this location and create a hot food takeaway within walking distance of
a range of residential properties, reducing the need for residents to travel
to other locations. There would be no clustering of similar uses at this
location with the proposed hot food takeaway being the only such use on
Mountblow Road. In principle, the extension to the unit to form a hot food
takeaway is considered to be acceptable in the context of the wider
Mountblow area. 
Design and Appearance
7.4 The development consists of an extension to an existing standalone retail
unit which is of a functional design with flat roof. The proposed extension
responds to this and is considered to be of an appropriate scale and
massing. The extension has a stepped side elevation following the angled
boundary line, however this in itself is acceptable. The proposed new
shopfront reflects the appearance of the shopfront on the existing unit. As
no information on the materials and finishes has been provided, this
matter is addressed by condition to ensure an appropriate finish and
palette of materials. 
Impact on Residential Amenity.
7.5 In assessing residential amenity, a variety of considerations arise. Such
uses can generate cooking odour and the assessment is guided by the
consultation response from the Council’s Environmental Health Service.
There is no objection in principle to the proposed use with conditions
recommended in respect of the ventilation system to control and disperse
cooking odour together with grease filters. As the consultation response
indicates that cooking odour can be satisfactorily controlled, it would be
inappropriate to refuse planning permission on this basis. Turning to noise
and activity, hot food takeaway uses can often generate additional noise
and activity within the vicinity of the premises, particularly from increased
pedestrian and vehicle movements into the area. Concerns regarding
increase activity and associated noise disturbance is raised in the
objections. There are no residential properties immediately adjoining the
application site with the nearest residential properties opposite the
property, across a busy road. This, together with the provision of parking
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laybys on the same side of the road as the hot food takeaway will limit any
additional activity occurring directly outside nearby residential properties.
The existing retail shop and busy road will already result in a degree of
activity in the area. It is recognised that hot food takeaways often operate
late into the evening. Notwithstanding that Environmental Health do not
recommend any conditions regarding hours of operation together with
delivering and collections from the premises, it is consider appropriate to
control the hours of operation to avoid disturbance late into the night. 
7.6 The position of the extended building which is detached and not in direct
proximity to other buildings ensures that it has no impact on the
overshadowing and overlooking of the neighbouring residential properties.
There would be no privacy loss to the nearby residential properties due to
the creation of new door and window openings. Overall, it is considered
that the proposal presents no conflict with Policy H5 of the adopted Local
Plan and Policies H4 and ENV8 of proposed Local Development Plan 2. 
Parking and road safety
7.7 Concerns have been raised regarding the proposed development’s
potential to cause an increase in traffic and on-street parking at this
location. In considering roads matters including road safety and parking,
the assessment is guided by the consultation response from the Council’s
Road Service who, having fully considered the proposal, offer no
objections.  It is noted that that the existing parking provision in the form of
a parking bay in Mountblow Road will provide parking for the
development. Furthermore, there is a likelihood of combined trips to both
the existing convenience shop and the proposed hot food takeaway, which
would limit pressure on the traffic and parking. There are thus no issues in
respect of parking and road safety which arise that would justify refusal.
Overall, the proposal does not raise concern in relation to parking and
road safety.
Flooding
7.8 The Flood Risk Assessment provided by the applicant raises no issues
that would suggest that the development needs to manage this risk in any
particular way. The Councils Road’s Service in their capacity as Flooding
Authority offer no objections on the grounds of flooding. The proposal
does not therefore raise concern in relation flood risk.
Representations Received
7.9 Turning to the outstanding points raised in the objections received a
variety of concerns have been raised including the past presence of a
snack van in the near vicinity resulting in congregations of customers
leading to anti-social behaviour, as well as issues relating to vermin
infestation. While anti-social behaviour is ultimately a police matter, given
the proposed layout of the hot food takeaway with an indoor customer
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waiting/food pickup area, it is expected that any queues of customers that
may form would be contained to the interior of the proposed use, thus
limiting the likelihood of congregations of patrons outside the business. As
for the presence of rats and other vermin, food and hygiene standards are
not a planning matter and instead they are enforced by separate
legislation. It would be inappropriate to assume that past performance of a
snack van formerly parked near the application site serving food outdoors
could be indicative of the issues that may arise from the operation of a hot
food takeaway contained within enclosed premises. There is nothing to
suggest an increase in litter would occur however the requirement to
provide a litter bin can be addressed by condition. 
8. CONCLUSION
8.1 The proposed development will have a limited and managed effect on the
residential amenity and character of the area while allowing for the
formation of a new commercial use to benefit the wider neighbourhood.
Environmental matters will be subject to appropriate controls enforced
through condition. The proposal is considered acceptable with reference
to Policies GD1 and H5 of the adopted West Dunbartonshire Local Plan
and Policies CP1, H4 and ENV8 of the proposed West Dunbartonshire
Local Development Plan 2. 
9. CONDITIONS
1. That prior to the commencement of works on site, full details of all
proposed external finishing materials, including roofing materials and
the frame of the shopfront, shall be submitted to and approved in
writing by the Planning Authority. Works shall then proceed as
approved unless an alternative is otherwise agreed in writing by the
Planning Authority.
2. Before the proposed development is brought into use, the proposed
method of ventilation shall be submitted to and approved in writing by
the Planning Authority. The proposed development shall not be
brought into use until the ventilation systems are operational in
accordance with the approved details.
All odours, fumes and vapours generated on the premises shall be
controlled by best practicable means to prevent them causing nuisance
to occupants of nearby dwellings or premises.
The ventilation system shall:
a) Incorporate systems to reduce the emission of odours and
pollutants and shall thereafter be maintained as necessary.
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b) Be constructed by employing best practical means to minimise
noise and vibration transmission via plant and the building
structure.
c) Noise associated with the business shall not give rise to a noise
level, assessed with the windows open, within any dwelling or noise
sensitive building, in excess of the equivalent to Noise Rating
Curve 35, between 07:00 and 20:00 hours, and Noise Rating Curve
25 at all other times.
d) If applicable, the discharge stack shall:
i) Discharge the extracted air not less than 1m above the roof
ridge of any building within 20m of the building housing the
commercial kitchen.
ii) Alternatively, he extracted air shall be discharged not less
than 1m above the roof eaves or dormer window of the
building housing the commercial kitchen.
3. Prior to the commencement of development on site details of an
adequate sized grease trap shall be submitted to and approved by the
Planning Authority. It shall be installed as approved and maintained
thereafter.
4. Details for the storage and the collection of waste arising from the
proposed developments shall be submitted to and approved in writing
by the Planning Authority. The agreed details shall be in place prior to
the development being brought into use and thereafter be satisfactorily
maintained.
5. The hot food takeaway use hereby permitted shall not operate outwith
the hours of 8am to 10pm daily with no delivering or collections to the
premises outwith these hours.
6. That prior to the commencement of the hot food takeaway use here by
permitted, details of a bin to be provided outside the premises for use
by patrons shall be submitted to and approved in writing by the
Planning Authority. The bin shall then be provided and remain
available for use by patrons of the premises at all times thereafter.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 3rd August 2022  
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager
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Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix:  Location Plan
Background Papers:
1. Application forms and plans;
2. West Dunbartonshire Local Plan 2010;
3. West Dunbartonshire Local Development Plan 2
Proposed Plan;
4. Representations.
Wards affected:    Ward 5 – Clydebank Central
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West Dunbartonshire Council
16 Church Street
Dumbarton
G82 1QL
Reproduced by permission of Ordnance Survey
on behalf of HMSO © Crown copyright and
database right 2015. All rights reserved. Ordnance
Survey Licence number 100020790
Map Register No: HQ673
Date: 18 July 2022
DC21/039/FUL Extension to existing shop
unit for use as a hot food
takeaway
40 Mountblow Road
Clydebank
G81 4NL
ITEM 6 (b) Appendix 1
Page 51

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Page 53

WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 3rd August 2022
_____________________________________________________________
Subject: Review of Permitted Development Rights consultation
1. Purpose
1.1 To seek the agreement of the Committee to submit a response to the
Scottish Government consultation on the review of permitted development
rights.
2. Recommendations
2.1 It is recommended that the Committee agree the proposed Council
responses set out in Appendix 1.
3. Background
3.1 Permitted development rights refer to forms of development which are
granted planning permission through national legislation, meaning they can
be carried out without an application for planning permission having to be
submitted to the relevant planning authority.
3.2 The definition of “development” under planning legislation includes making
a material change to the use of land or buildings, meaning material changes
of use require planning permission. However, the Use Class Order groups
together various land uses with broadly similar planning impacts into
separate “use classes”, and legislation provides that a change of use within
a use class, or between certain classes, does not constitute development
for planning purposes, and so no planning permission is required.
3.3 Permitted Development Rights are set out in the Town and Country Planning
(General Permitted Development)(Scotland) Order 1992 and Use Classes
are set out in the Town and Country Planning (Use Classes)(Scotland) Order
1997. Both are kept under review.
3.4 The Scottish Government commenced a programme of reviewing and
extending permitted development rights, as part of its wider planning reform
programme, in November 2019. A Phase 1 consultation was undertaken in
October 2020 and focused on permitted development rights for digital
telecommunications infrastructure, agricultural development, peatland
restoration and active travel.
ITEM 7
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4. Main Issues
4.1 Phase 2 of the Scottish Government’s review of permitted development
rights was published in May 2022 and focuses on electric vehicle charging
infrastructure, changes of use in centres and port development. The
consultation document can be found at the following link: 
https://www.gov.scot/publications/review-permitted-development-rights-phase-2-
consultation/documents/
4.2 The proposed Council response to the consultation is attached as Appendix
1. A summary of the Council’s response is provided under the relevant
headings below.
Electric Vehicle Charging Infrastructure
4.3 The consultation seeks views on the following matters with regard to Electric
Vehicle (EV) Charging Infrastructure:
• The removal of restrictions on the installation of wall mounted and
pedestal EV charging infrastructure in a site of archaeological interest; a
national scenic area; a historic garden or designed landscape; a historic
battlefield; a conservation area; a National Park; and a World Heritage
Site.
• The removal of restrictions on the attachment of nameplates to wall
mounted and pedestal EV charging infrastructure.
• An increase in the height of EV charging pedestals which can be installed
in off-street parking areas without requiring planning permission from 1.6
metres to 2.5 metres.
• Provision of solar canopies, battery storage and equipment housing
within off-street parking areas without the requirement of planning
permission.
• Clarification of permitted development rights for local authorities.
• Permitted development rights for the provision of EV charging
infrastructure in roads for parties other than local authorities.
4.4 On the issue of the removal of restrictions for the installation of wall mounted
and pedestal EV charging infrastructure in certain areas, the Council is
supportive as the removal of this restriction could encourage a wider roll out
of EV charging infrastructure within these areas to be benefit of tackling
climate change. The visual impact within the specific areas currently listed
would be limited. Where specific concerns from such developments arise,
the option to introduce an Article 4 Direction remains whereby a Council
could take forward the removal of permitted development rights in certain
areas.  
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4.5 On the issue of the removal of restrictions on the attachment of nameplates
to wall mounted and pedestal EV charging infrastructure, the Council is of
the view that nameplates on EV charging upstands would be unlikely to
result in extensive visual clutter. However in order to retain an element of
control, any nameplates or other identifiers would require to be
accommodated solely on the charging infrastructure and not be either free
standing or attached to walls etc adjacent infrastructure. 
4.6 Considering the increase in height for EV charging upstands in existing off-
street parking areas, the Council considers that it would be unlikely to have
any additional or significant visual impacts beyond the upstand infrastructure
that can currently be installed under existing permitted development rights.
The proposed increase would encourage the role out of this technology
encouraging the switch to EVs to the benefit of tackling climate change. Any
increase in height should be balanced with a restriction regarding the
proximity of an upstand to residential properties to balance the impact on
residential amenity. 
4.7 With regard to the provision of solar canopies, battery storage and
equipment housing within off-street parking areas, the Council supports
infrastructure to power charging points by renewable means. The provision
of solar canopies within off-street parking areas would result in them being
provided where land has already been subject of development. The
restriction to four metres would ensure that the canopies were not overly
dominant structures and the very nature of canopy structures is their
openness which again would limit visual impact. The potential impact of glint
and glare from a large number of solar canopies in close proximity would
require to be considered. Any related battery storage and equipment
housing would be typical of other transport infrastructure and other
installations such as telecommunication cabinets for example and it is not
considered they would be out of place in off-street parking areas. The
restriction on the size and number of such installations is supported by the
Council. It would not be appropriate in all locations and the restrictions in
paragraph 2.24 of the consultation document in respect of there not being
permitted development rights in sites of archaeological interest;  National
Scenic Areas; historic gardens or designed landscapes; historic battlefields;
conservation areas; National Parks; World Heritage Sites; and the curtilage
of dwellinghouses are supported as are the height and size restrictions
together with the restrictions on the distance from residential properties
4.8 On the clarification of permitted development rights for local authorities,
clarity on the legislative position with regard to permitted development rights
is welcomed by the Council and this would be useful in ensuring no
confusion occurs. Changes to permitted development rights to take account
of emerging models for financing, delivering and operating EV charging
infrastructure, and the changing nature of private sector involvement is not
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considered to be required as permitted development rights are not limited
by the funding source of a development.
4.9 On the question of whether permitted development rights for the provision
of EV charging infrastructure in roads should apply to parties other than local
authorities, the Council considers that other non-planning controls can
ensure that such developments themselves do not result in infrastructure
causing an obstruction etc. However, the very nature of EV charging
infrastructure means that it is associated with vehicles which are parked.
Other non-planning controls may not be sufficient to ensure that
infrastructure is not provided in locations where it would be inappropriate for
vehicles to be parked (for example adjacent to junctions). Equally, there is
concern that there could be a risk of such developments being undertaken
immediately adjacent to residential windows to the detriment of residential
amenity. 
Changes of Use in Centres
4.10 The consultation seeks views on the following matters with regard to centres:
• The merging together of several use classes to create a town centre use
class - this would bring together a number of separate use classes, such
as shops, services, and food and drink, into a single use class, with no
planning permission required to change between these uses.
• Whether Masterplan Consent Areas could be a useful tool for introducing
more flexibilities to town centres - a Masterplan Consent Area would
enable whole or parts of town centres to be identified as areas within
which certain changes of use could take place without requiring planning
permission.
• Permitted development rights to encourage Class 4 business use in town
centres - the change being consulted on is whether town centre uses
should be permitted to change to business use (up to 300 square metres)
without needing planning permission.
• Permitted development rights for moveable outdoor furniture – there is a
suggestion of permitted development rights being granted to moveable
furniture associated with food and drink uses.
• Permitted development rights for residential accommodation – England
has permitted development rights for some uses to change to residential
use without the need for planning permission.  The consultation seeks
views on whether this should apply to Scotland.
4.11 On the issue of creating a town centre use class, the proposed response
recognises that this would introduce additional flexibility that may support
investment and increase unit occupancy in centres. However, it identifies
risks such as that the permitted development rights would also exist outwith
centres, and that there would be the removal of controls that communities
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are supportive of planning authorities having, including for example the
identification of core retail areas (West Dunbartonshire has these in
Clydebank and Dumbarton) and the prevention of the clustering of certain
uses, for example food and drink uses. The response indicates that
Masterplan Consent Areas would provide a more targeted means for
planning authorities to introduce change of use flexibility within centres or
selected parts of centres.
4.12 On the issue of permitted development rights for change of use to Class 4
business, the proposed response recognises that such a change would
introduce flexibility that may support investment in, and the creation of new
business premises, although this could create business premises in
locations that could compete with centres and established business
locations. On whether the proposed 300 square metre limit is appropriate,
the response indicates that a key consideration will be whether this would
offer a worthwhile investment to developers and create space that would be
attractive to users. Parking provision would also be a consideration.
4.13 On the issue of moveable furniture outside of Class 3 food and drink uses,
this should be permitted development but restricted to town centres. Theses
permitted development rights should also apply to Class 7 uses, hotels and
hostel and with caution, to public houses.
4.14   On whether permitted development rights should exist for residential  
development in Scotland’s centres, it is considered that residential
development should be plan-led or achieved through the full consideration
of a planning application, so that amenity and impact on other uses and
infrastructure can be considered. 
Port Development
4.15 The consultation seeks views on the following matters with regard to Ports:
• Whether in respect of permitted development rights, there should be a
level playing field between English and Scottish ports.
• With respect to the recent amendments in England, what the practical
effect of making an equivalent change to Class 35 permitted
development rights would be.
• Whether there is scope to widen permitted development rights further.
• Whether Masterplan Consent Areas could be a useful tool to provide
more extensive planning freedoms and flexibilities in Scotland’s ports.
4.16 On the question on parity with the position in England, the Council considers
that the creation of a level playing field with England would be beneficial to
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the economic development of the area and support growth and the
movement of goods.
4.17 On the practical effects of amending permitted development rights to match
those in England, this will widen the scope of the types of development that
can be undertaken and who can undertake it. This will allow greater flexibility
to undertake development. Allowing for development to be undertaken by
the statutory undertakers agents of development would give further flexibility
with development being able to be undertaken through Permitted
Development Rights by others on their behalf. The Council supports the
requirement for development to be subject of consultation with the local
authority.
4.18 On the question on widening permitted development rights further, the
Council considers that the proposed alignment with England to provide the
most appropriate approach in balancing the operation of Ports together with
growth and movement of goods against protecting the interests of the wider
area in terms of the level of development that can be undertaken. 
4.19 Considering the use of Masterplan Consent Areas, the Council considers
that masterplan consent areas could be a useful tool in providing planning
flexibility in the development of Scotland’s ports. Such an approach could
create certainty in developments and reduce costs relating to individual
developments and front-loading the process in terms of technical surveys
and assessments, reducing complexity further down the line. The use of
Masterplan Consent Areas could also simplify the approval processes for
individual developments where they are essential to the operational
development of a Port.  
5. People Implications
5.1 There are no personnel issues associated with this report.
6. Financial and Procurement Implications
6.1 There are no financial or procurement implications associated with this
report.
7. Risk Analysis
7.1 There are no risks associated with this report.
8. Equalities Impact Assessment (EIA)
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8.1 The Scottish Government has undertaken an equalities impact assessment
of the consultation documents. This has concluded that where there are
impacts, these are positive.
9. Consultation
9.1 The views of Regeneration, Roads and Transportation, Licensing and
Environmental Health were sought in the preparation of this report.
10. Strategic Assessment
10.1 The review of permitted development rights and use classes is relevant to
the Council’s strategic priority of a strong local economy and improved job
opportunities as it seeks to introduce more flexibility into the planning system
in order to increase investment.
Pamela Clifford
Planning, Building Standards and Environmental Health Manager
Date: 3 August 2022
_________________________________________________________________
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager
pamela.clifford@west-dunbarton.gov.uk
James McColl, Acting Development Management
Team Leader Team Leader
james.mccoll@west-dunbarton.gov.uk 
Alan Williamson, Development Planning and Place
Team Leader 
Alan.williamson@west-dunbarton.gov.uk 
Appendix: Appendix 1: West Dunbartonshire Council response to
Permitted Development Rights consultation
Background Papers: Scottish Government Review of Permitted
Development Rights - Planning - permitted
development rights review - phase 2: consultation -
gov.scot (www.gov.scot)
Wards Affected: All
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Appendix 1
West Dunbartonshire Council response to Scottish Government Review of
Permitted Development Rights
Electric Vehicle Charging Infrastructure
Q1. Do you agree with the removal of restrictions on Class 9EPDR, for wall-
mounted EV charging outlets, in the specified areas currently listed in Class
9E(3)? Please explain your answer 
Agree – The Council notes that an electrical outlet mounted on a wall for the charging
of EVs is limited to 0.5 cubic metres by Class 9E(2)(a) and cannot face on to a road
(Class9E(2)(b)). Accordingly the Council considers that the visual impact within the
specific areas currently listed in Class 9E(3) would be limited. The Council is of the
view that the removal of this restriction could encourage a wider role out of EV charging
infrastructure within these areas to be benefit of tackling climate change. Where
specific concerns from such developments arise, the option to introduce an Article 4
Direction to restrict permitted development rights in certain areas remains. 
Q2. Should the conditions regarding nameplates be withdrawn from Class 9E
on wall-mounted EV charging outlets? Please explain your answer. 
Agree – The Council is of the view that nameplates on EV charging outlets themselves
would be unlikely to result in extensive visual clutter. However in order to retain an
element of control, any nameplates or other identifiers would require to be
accommodated solely on the changing outlet casing and not on adjacent walls for
example.   
Q3. Do you agree with the removal of current restrictions on Class 9F  PDR for
EV charging upstands in the specified areas currently listed in Class 9F(3)?
Please explain your answer. 
Agree – Off-street parking areas typically include a variety of items and infrastructure
including lighting for example and the additional visual impact of provision of EV
charging upstands would unlikely be adverse. The Council considers that the removal
of this restriction could encourage a wider role out of EV charging infrastructure within
these areas to be benefit of tackling climate change. Where specific concerns from
such developments arise, the option to introduce an Article 4 Direction restricting
permitted development rights in certain areas  remains. 
Q4. Should the conditions regarding nameplates be withdrawn from Class 9F on
EV charging upstands? Please explain your answer. 
Agree – The Council is of the view nameplates on EV charging upstands would be
unlikely to result in extensive visual clutter. However in order to retain an element of
control, any nameplates or other identifiers would require to be accommodated solely
on the charging upstands and not be free standing adjacent to the upstands. 
Q5. Do you agree with the proposed increase in height allowable for EV charging
upstands under Class 9F PDR from 1.6 metres to 2.5 metres in all off-street
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parking locations, except within the curtilage of a dwelling? Please explain your
answer 
Agree – Considering the increase in height for EV charging upstands in existing off-
street parking areas such as public car parks, the Council considers that it would be
unlikely that such an increase to have any additional or significant visual impacts
beyond the upstand infrastructure that can currently be installed under existing PDR
rights. The proposed increase would encourage the roll out of this technology
encouraging the switch to EVs to the benefit of tackling climate change. 
Notwithstanding this, areas lawfully used for off-street parking would include residents
parking areas within residential developments. Whilst the retention of the existing
height limit within the curtilage of residential properties is welcomed in providing the
balance between the roll out of new EV infrastructure and protecting residential
amenity, the Council notes off-street parking areas within residential developments
can often be found in close proximity to residential properties and residential windows
whilst being outwith the curtilage of the adjacent residential properties. The Council
considers that any increase in height must be balanced with a restriction regarding the
proximity of an upstand to residential properties to balance the impact on residential
amenity. 
Q6. Do you agree with the proposal to introduce PDR for solar canopies and
related battery storage and equipment housing for EV charging upstands in off-
street parking areas? Please explain your answer.
Agree – The Council supports infrastructure to power charging points by renewable
means. The provision of solar canopies within off-street parking areas would result in
them being provided where land has already been subject of development. The
restriction to four metres would ensure that the canopies were not overly dominant
structures and the very nature of canopy structures is their openness which again
would limit visual impact. The potential impact of glint and glare from a large number
of solar canopies in close proximity would be a concern to the Council and this would
require to be considered. 
Off-street parking areas within residential developments can often be found in close
proximity to residential properties and residential windows whilst being outwith the
curtilage of the adjacent residential properties. Any PDRs for such canopies would
require to include an appropriate restriction on the proximity of a solar canopy to
residential properties to balance the impact on residential amenity. The Council
considers the suggested 10 metre stand off from any dwelling is appropriate. 
Any related battery storage and equipment housing would be typical of other transport
infrastructure and other installations such as telecommunication cabinets for example
and it is not considered they would be out of place in off-street parking areas. The
restriction on the size and number of such installations is supported by the Council.
The Council is in agreement that this infrastructure would not be appropriate in all
locations and the restrictions in paragraph 2.24 of the consultation document in
respect of there not being permitted development rights in sites of archaeological
interest; National Scenic Areas; historic gardens or designed landscapes; historic
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battlefields; conservation areas; National Parks; World Heritage Sites; and the
curtilage of dwellinghouses are supported. 
Q7. Do you agree with the proposal to introduce PDR for equipment housing for
EV charging upstands in off-street areas where solar canopies are not
provided? Please explain your answer.
Agree – The Council considers that any related battery storage and equipment
housing would be typical of other transport infrastructure and other installations such
as telecommunication cabinets for example and it is not considered they would be out
of place in off-street parking areas. The restriction on the size and number of such
installations is supported.
Q8. Do you agree with the list of areas within which new PDR for such solar
canopies and related battery storage and equipment housing should not apply?
Please explain your answer.
Agree – The Council is of the position that this infrastructure would not be appropriate
in all locations and the restrictions are supported. The potential impact on the setting
of listed buildings also raises concerns for the Council and it is considered that the list
of areas should be expanded to include the curtilages of listed buildings.
Q9. Do you agree with the suggested height limit of 4 metres on PDR for solar
canopies for EV charging upstands in off-street parking areas? Please explain
your answer.
Agree – The Council supports the restriction to 4 metres which would ensure that the
canopies were not overly dominant structures
Q10. Do you agree with the proposal that any new PDR for solar canopies,
battery storage and equipment housing for EV charging upstands in off-street
parking areas should not apply within 5 metres of a road and 10 metres of the
curtilage of a dwelling? Please explain your answer
Agree – Infrastructure requires to be set back from the road to ensure that is does not
interfere with sightlines and visibility splays and also to limit visual impact. A distance
of 5 metres is considered appropriate by the Council. Off-street parking areas within
residential developments can often be found in close proximity to residential properties
and residential windows whilst being outwith the curtilage of the adjacent residential
properties. Any PDRs for such canopies would require to include an appropriate
restriction on the proximity of a solar canopy to residential properties to balance the
impact on residential amenity. The Council considers the suggested 10 metre distance
from any dwelling is appropriate. 
Q11. Would it be helpful to amend Class 30 PDR for local authorities to make
clear they apply to EV charging points and any associated infrastructure?
Please explain your answer.
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Agree – Clarity on the legislative position with regard to PDRs is welcomed by the
Council and this would be useful in ensuring no confusion occurs. Alternatively, clarity
could be provided within an appropriate Circular. 
Q12. Do local authority PDR need to be amended to take account of emerging
models for financing, delivering and operating EV charging infrastructure, and
the changing nature of private sector involvement? Please explain your answer. 
Disagree – The Council notes that local authority PDR are not limited by the funding
source of a development. If the works are being undertaken by or on behalf of a Local
Authority, existing PDR would apply. 
Q13. Should PDR for EV charging infrastructure in roads apply to parties other
than local authorities? Please explain your answer. 
Disagree – The Council considers that other non-planning controls can ensure that
such developments themselves do not result in infrastructure causing an obstruction
etc. However, the very nature of EV charging infrastructure means that it is associated
with vehicles which are parked. Other non-planning controls may not be sufficient to
ensure that infrastructure is not provided in locations where it would be inappropriate
for vehicles to be parked (for example adjacent to junctions). 
Equally, the Council is concerned that there could be a risk of such developments
being undertaken immediately adjacent to residential windows to the detriment of
residential amenity. 
It maybe that an arrangement where such developments could be taken forward under
PDRs providing these rights were linked to some form of other Local Authority
authorisation on position. But strict controls would be required. 
Q14. If so, would such PDR for other parties need to be linked to some
arrangement with local authorities or other form of authorisation? Please
explain your answer. 
Agree – As per question 13 above. 
Q15. What conditions and limitations would need to be placed on any additional
PDR for EV charging infrastructure in roads? Please explain your answer. 
Given the potential visual impact, the Council is of the view that this infrastructure
would not be appropriate in all locations and restrictions on areas where PDRs do not
apply would be required. This would require to include Conservation Areas. PDRs for
parties other than Local Authorities would require to be linked to some form of other
Local Authority authorisation on position and installation. It could be that a submission
to whether the Prior Approval of the Planning Authority is required to ensure control.
To further ensure appropriate control, a specific register of installers / operators should
be created to ensure that such installations are undertaken and operated by an
appropriate manner. 
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Q16. In relation to extending PDR for EV charging infrastructure in roads, what
issues need to be considered regarding existing PDR, and rights to access the
roads network, for infrastructure which are available to other sectors, such as
electricity undertakers? Please explain your answer. 
In order to ensure that there is no gaps in the regulatory environment, PDRs for other
sectors such as electricity undertakings should be adjusted to ensure that EV charging
infrastructure is not included and that such infrastructure is covered under a single
Class. 
Q17. Do you agree in principle with having PDR for changing existing
petrol/diesel stations to EV charging only? Please explain your answer. 
Agree – The Council agrees with the principle with having PDR for changing existing
petrol filling stations to EV charging only. The Council considers that changes in the
overall form of the existing petrol filling station should not be permitted of existing
height, buildings and generalities of the layout inclusive of access arrangements.
However, the conversion or part conversion of existing filling stations to EV charging
only could be undertaken without any detriment either visually or in respect of road
access and road safety. 
Q18. If so, what, if any, further specification of the conditions and limitations
identified, or additional ones, would be required for such? Please explain your
answer. 
The Council considers that PDRs for the provision of solar canopies / solar panels
should be limited in a similar way to that proposed for off-street parking areas in order
to avoid adverse visual impacts and potential impacts from glint and glare. 
Changes of Use in Centres
Q19. Do you consider that a merged use class bringing together several existing
classes would help to support the regeneration, resilience and recovery of
Scotland’s centres? Please explain your answer.
The Council considers that a merging of uses to create a Town Centre Use Class
would introduce additional flexibility that may support investment and increase unit
occupancy in Scotland’s centres. However as an application for planning permission
forms only part of the process, investment and decision-making involved in
undertaking a change of use, it may be that if implemented this change is not
significant.
Q20. What do you consider to be the key risks associated with such a merged
use class, and do you think that non-planning controls are sufficient to address
them? Please explain your answer.
The Council considers the key risks to be as follows:
• the application of the Town Centre Use Class to areas outwith centres – as the
consultation paper sets out, it would not be possible to restrict PDR associated with
a town centre use class to just town centres.
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• the removal of planning controls that communities are supportive of planning
authorities having - for example many traditional food and drink uses now have a
significant takeaway operation increasing footfall and vehicle visits to the premises.
Communities would expect Councils to have a degree of control over the location
of such uses.
• the creation or loss of clusters of certain uses – some planning authorities still
identify core retail areas where there is a presumption against a loss of Class 1
uses in order to ensure the centre continues to have a strong retail offer. Such an
approach would not be possible with a town centre use class. Similarly, some
planning authorities operate policies to prevent the clustering of certain uses, and
again this might not be possible with a town centre use class, although uses such
as hot food takeaways and pay day lending are sui generis.
• Loss of control of amenity issues where no planning application is required for
changes between uses with different characteristics and the associated negative
impact on neighbouring properties. 
Q21. Are there any other changes to the UCO which you think would help to
support Scotland’s centres? Please explain your answer.
The Council has no comments in relation to this question. 
Q22. Do you agree that Masterplan Consent Areas could be a useful tool to
provide more extensive planning freedoms and flexibilities in Scotland’s
centres? Please explain your answer
The Council considers that Masterplan Consent Areas would provide a more targeted
tool that planning authorities could use to introduce change of use flexibility in selected
centres or areas of centres.
Q23. Do you think that a PDR providing for a change of use to Class 4 (business)
would help to support the regeneration, resilience and recovery of centres – as
well as the establishment of 20-minute neighbourhoods? Please explain your
answer.
The Council considers that PDR for the change of use to Class 4 would introduce
additional flexibility that may support investment in, and the creation of new business
premises. However this flexibility would not be limited to centres and could create
alternative investment locations, competing with centres. Again, as an application for
planning permission forms only part of the process, investment and decision-making
involved in undertaking a such change of use, it may be that if implemented the impact
may not be significant.
Q24. If a PDR of this nature were taken forward, what existing uses should it
apply to? Please explain your answer. 
If the purpose of the change is to enhance town centres then the uses it should be
applied to are Classes 1, 2 and 3, which are primarily found within centres.
Q25. Would 300 square metres be an appropriate maximum floorspace limit?
Please explain your answer. 
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A key consideration here is what the market would support i.e. is the creation of 300
square metres of business premises a worthwhile investment and would it create
premises that would be attractive to users.
Q26. What (if any) additional conditions or limitations should such a PDR be
subject to? Please explain your answer
Given that the PDR would apply to locations in and out of centre including locations
that may not be accessible by public transport, the provision of parking would need to
be a consideration.
Q27. Do you agree with the proposed introduction of a PDR for moveable
furniture placed on the road outside of (Class 3) food and drink premises?
Agree – The Council is of the view that the use of parts of the road/pavement outside
Class 3 Uses can assist in supporting existing businesses, make places more vibrant
and encourage patrons to both particular premises and areas in general. This would
require to be carefully balanced with controlling issues relating to pedestrian safety
and residential amenity for example and in certain locations this may be unacceptable.  
Q28. Are there any conditions or limitations that you think such a PDR should
be subject to? Please explain your answer. 
Class 3 uses are found in a variety of locations. In town centres, fairly high levels of
activity throughout the day and evening will already result. The Council notes that
whilst residents choosing to reside in such locations may benefit from the proximity to
local shops and services, they cannot reasonably expect the same degree of quietude
as would be experienced within a wholly residential area. However, a balance must
be sought between protecting the amenity of nearby residents by seeking to prevent
undue noise and disturbance above what could be reasonably expected, whilst at the
same time promoting the vitality of existing businesses. Outwith town centre or
otherwise busy locations, the level of background activity would likely be less and the
potential for disturbance to residents would be greater. Equally, a Class 3 use could
be remote from any residential properties. Taking account the variation in the
circumstances of Class 3 uses, the Council considers the following limitations would
provide an appropriate balance:
• Hours of use limited from 9am to 9pm. The area must be vacated by 9pm. 
• No amplified music to be played in the seating area.
• The creation of the area without physical development.
• The outdoor seating area be within 10 metres of the principle elevation of the
associated premises to avoid remote outdoor seating areas, the control of
which may be difficult. 
• Consideration given to a restriction on the size of an area and / or the number
of tables. 
• No tents, marquees or other similar installations. 
Q29. Are there any uses other than (Class 3) food and drink premises which you
consider such a PDR should apply to? Please explain your answer.
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Hotels (Class 7) often offer similar food and drink availability to Class 3 uses. Public
houses could potentially be included as again they often offer similar food and drink
availability to Class 3 uses. However, the nature of a public house use could result in
additional amenity implications over a Class 3 use. Accordingly, the Council considers
that if public houses were to be included, then the hours of operation together with the
size of the area would require to be very strictly controlled. 
Q30. Do you agree that important matters such as safety and inclusive access
could continue be controlled through other regimes?
Agree – Retaining control over where structures are places on the public road and
footway can be achieved with the requirement for consent from the relevant Roads
Authority and licencing requirements can provide additional controls. To ensure
access is retained, a restriction requiring a clear 2 metres if footway to remain at all
times and could be added to any PDRs introduced. 
Q31. Do you agree that new residential development in Scotland’s centres
should be plan-led rather than consented through new PDR? Please explain
your answer.
Agree -  The Council is supportive of greater residential development in town centres,
however the type, location and proportion of residential units in relation to other town
centre uses requires to be carefully considered and balanced to ensure vibrant and
viable centres. The Council’s view is that new residential development in Scotland
should be plan-led or achieved through the full consideration of a planning application.
This will ensure that matters such as achieving acceptable residential amenity, impact
on the operation of other uses, and the provision of adequate infrastructure, including
green infrastructure, is achieved.  All new homes must also be fit for purpose,
sustainable and suitably located. Creating new residential development through PDRs
could undermine the role of local authorities in shaping communities, public spaces
and buildings. The Council is concerned that such an approach would result in poor
quality homes in inappropriate locations Whilst supportive of residential development
in centres, they need to be carefully considered and planned given the mixed use of
centres if the new homes  are to be successful and sustainable for many years after
occupation.   
Q32. Are there any other PDR changes which you think could support the
regeneration, resilience and recovery of centres? Please explain your answer.
The Council has no comments in relation to this question. 
Port Development
Q33. Do you agree that, with respect to the PDR, there should be a level playing
field between English and Scottish ports? Please explain your answer. 
Agree - The Council considers that the creation of a level playing field with England
would be beneficial to the economic development of the area and support growth and
the movement of goods. 
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Q34. With respect to the amendments in England (see Box 5), what do you think
the practical effect of making an equivalent change to Class 35 PDR would be –
in terms of developments/activities that would be permitted which are not
currently? Please explain your answer. 
The Council considers that with respect to the amendments in England, an equivalent
change to Class 35 would widen the scope of the types of development that can be
undertaken and who can undertake it. This will allow greater flexibility to undertake
development. Allowing for development to be undertaken by the statutory undertakers
agents of development would give further flexibility with development being able to be
undertaken through PDRs by others on their behalf. The Council supports the
requirement for development to be subject of consultation with the local authority. 
Q35. Do you think there is potential to widen the scope of Class 35 PDR further?
Please explain your answer. 
The Council considers that the proposed alignment with PDRs in England to provide
the most appropriate approach in balancing the operation of Ports together with growth
and movement of goods against protecting the interests of the wider area in terms of
the level of development that can be undertaken via PDRs. 
Q36. Do you agree that Masterplan Consent Areas could be a useful tool to
provide more extensive planning freedoms and flexibilities in Scotland’s ports?
Please explain your answer. 
Agree in principle. The Council considers that masterplan consent areas could be a
useful tool in providing planning flexibility in the development of Scotland’s ports. Such
an approach could create certainty in developments and reduce costs relating to
individual developments and front-loading the process in terms of technical surveys
and assessments, reducing complexity further down the line. The use of MCAs could
also simplify the approval processes for individual developments where they are
essential to the operational development of a Port.   
Assessment of Impacts 
Q37. What are your views on the findings of the Update to the 2019 Sustainability
Appraisal Report at Annex A? (Respondents are asked to avoid restating their
views on the November 2019 and Phase 1 consultations, as these views have
already been taken into account. 
The Council notes the findings and has nothing further to add. 
Q38. Do you have any comments on the partial and draft impact assessments
undertaken on these draft Phase 2 proposals? 
The Council has no comments on the partial and draft impact assessments
undertaken. 
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Q39. Do you have any suggestions for additional sources of information on the
potential impacts of the proposals that could help inform our final
assessments? 
The Council has no suggestions for additional sources of information. 
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